As Reported by the House Criminal Justice Committee

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 12


Representatives Aslanides, Cates, Hollister, J. Stewart, Faber, Seitz, Grendell, Willamowski, Blasdel, Book, Buehrer, Callender, Calvert, Carano, Carmichael, Cirelli, Clancy, Collier, Core, Daniels, DeWine, Distel, Domenick, C. Evans, D. Evans, Fessler, Flowers, Gibbs, Gilb, Hagan, Hoops, Husted, Kearns, Latta, Manning, Niehaus, Oelslager, T. Patton, Peterson, Raga, Raussen, Reinhard, Schaffer, Schlichter, Schmidt, Schneider, Seaver, Setzer, Sferra, Taylor, Webster, White, Widener, Wolpert, Young 



A BILL
To amend sections 1547.69, 2911.21, 2913.02, 2921.13, 1
2923.12, 2923.121, 2923.122, 2923.123, 2923.13,2
2923.16, 2929.14, 2953.32, and 4749.10 and to3
enact sections 109.731, 311.41, 311.42, 2923.124,4
2923.125, 2923.126, 2923.127, 2923.128, 2923.129,5
2923.1210, 2923.1211, and 2923.1212 of the Revised6
Code to authorize county sheriffs to issue7
licenses to carry concealed handguns to certain8
persons, to create the offenses of falsification 9
to obtain a concealed handgun license,10
falsification of a concealed handgun license, and 11
possessing a revoked or suspended concealed 12
handgun license, to increase the penalty for theft 13
of a firearm and having weapons while under 14
disability, and to maintain the provisions of this 15
act on and after January 1, 2004, by amending the16
versions of sections 2923.122 and 2929.14 of the 17
Revised Code that take effect on that date.18


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 1547.69, 2911.21, 2913.02, 2921.13, 19
2923.12, 2923.121, 2923.122, 2923.123, 2923.13, 2923.16, 2929.14, 20
2953.32, and 4749.10 be amended and sections 109.731, 311.41,21
311.42, 2923.124, 2923.125, 2923.126, 2923.127, 2923.128,22
2923.129, 2923.1210, 2923.1211, and 2923.1212 of the Revised Code23
be enacted to read as follows:24

       Sec. 109.731.  (A) The Ohio peace officer training commission25
shall prescribe, and shall make available to sheriffs, both of the26
following:27

       (1) An application form that is to be used under section28
2923.125 of the Revised Code by a person who applies for a license29
to carry a concealed handgun or for the renewal of a license of30
that nature and that conforms substantially to the form prescribed31
in section 2923.1210 of the Revised Code;32

       (2) A form for the license to carry a concealed handgun that33
is to be issued by sheriffs to persons who qualify for a license34
to carry a concealed handgun under section 2923.125 of the Revised35
Code and that conforms to the following requirements:36

       (a) It has space for the licensee's full name, residence37
address, and date of birth and for a color photograph of the38
licensee.39

       (b) It has space for the date of issuance of the license, its40
expiration date, its county of issuance, and the name of the41
sheriff who issues the license.42

       (c) It has space for the signature of the licensee and the43
signature or a facsimile signature of the sheriff who issues the44
license.45

       (d) It does not require the licensee to include serial46
numbers of handguns, other identification related to handguns, or47
similar data that is not pertinent or relevant to obtaining the48
license and that could be used as a de facto means of registration49
of handguns owned by the licensee.50

       (B) The Ohio peace officer training commission shall prepare51
a pamphlet that contains the text of the firearms laws of this52
state and shall make copies of the pamphlet available to sheriffs53
for distribution to applicants under section 2923.125 of the54
Revised Code for a license to carry a concealed handgun and55
applicants under that section for the renewal of a license to56
carry a concealed handgun.57

       (C) The Ohio peace officer training commission shall58
prescribe a fee to be paid by an applicant under section 2923.12559
of the Revised Code for a license to carry a concealed handgun or 60
for the renewal of a license of that nature in an amount that does 61
not exceed the lesser of forty-five dollars or the actual cost of 62
issuing the license, including, but not limited to, the cost of 63
conducting the criminal records check. The commission shall64
specify the portion of the fee that will be used to pay each65
particular cost of the issuance of the license. The sheriff shall 66
deposit all fees paid by an applicant under section 2923.125 of 67
the Revised Code into the sheriff's concealed handgun license 68
issuance expense fund established pursuant to section 311.42 of 69
the Revised Code.70

       (D) The Ohio peace officer training commission shall maintain 71
statistics with respect to the issuance, renewal, suspension, 72
revocation, and denial of licenses to carry a concealed handgun 73
and the suspension of applications for those licenses as reported 74
by the sheriffs pursuant to division (C) of section 2923.129 of 75
the Revised Code. Not later than the first day of March in each 76
year, the commission shall submit a statistical report to the 77
governor, the president of the senate, and the speaker of the 78
house of representatives indicating the number of those licenses 79
that were issued, renewed, suspended, revoked, and denied in the80
previous calendar year and the number of applications for those 81
licenses for which processing was suspended in accordance with 82
division (D)(3) of section 2923.125 of the Revised Code in the 83
previous calendar year.84

       (E) The Ohio peace officer training commission shall oversee85
compliance with the requirement for the destruction of records86
required by division (B) of section 311.41 of the Revised Code.87
The commission may adopt rules in accordance with Chapter 119. of88
the Revised Code implementing procedures to be followed in89
relation to the destruction of those records and to ensure that90
the destruction requirements are followed. The commission may hire 91
employees to make appropriate investigations to ensure that the 92
destruction requirements are followed. County sheriffs shall93
cooperate with any investigation under this division and shall94
give the employees access to all places and records in the95
sheriff's office related to criminal records checks conducted in96
accordance with section 311.41 of the Revised Code.97

        (F) As used in this section, "handgun" has the same meaning98
as in section 2923.11 of the Revised Code.99

       Sec. 311.41. (A)(1) Upon receipt of an application for a100
license to carry a concealed handgun under division (C) of section101
2923.125 of the Revised Code or an application to renew a license102
to carry a concealed handgun under division (F) of that section,103
the sheriff shall conduct a criminal records check of the104
applicant to determine whether the applicant fails to meet the105
criteria described in division (D)(1) of section 2923.125 of the106
Revised Code by using the law enforcement automated data system to 107
gain access to the criminal records in the bureau of criminal108
identification and investigation, the national crime information109
center, and the interstate identification index. In conducting the 110
criminal records check under this division, the sheriff shall use 111
the applicant's name, social security number, and date of birth 112
that are stated in the application or the fingerprints of not more 113
than four fingers of the applicant if the applicant allows the 114
sheriff to obtain those fingerprints using an electronic 115
fingerprint reading device for the purpose of conducting the 116
criminal records check.117

       (2) If a criminal records check conducted under division118
(A)(1) of this section using the applicant's name, social security119
number, and date of birth that are stated in the application120
indicates that the applicant may fail to meet any of the criteria121
described in division (D)(1) of section 2923.125 of the Revised122
Code and if the applicant wishes to proceed with the application,123
the sheriff shall conduct further investigation to determine124
whether the applicant meets all of the criteria described in that125
division. 126

        If the applicant previously has not done so, the applicant127
shall allow the sheriff to obtain the fingerprints of not more128
than four fingers of the applicant using an electronic fingerprint129
reading device. The sheriff shall use those fingerprints of the130
applicant to conduct an additional criminal records check of the131
applicant in the manner provided in division (A)(1) of this132
section. The sheriff shall not retain the applicant's social 133
security number or fingerprints as part of the application.134

       (3) Except as otherwise provided in this division, if at any135
time the applicant decides not to continue with the application136
process, the sheriff immediately shall cease any investigation137
that is being conducted under division (A)(1) or (2) of this138
section. The sheriff shall not cease that investigation if both of 139
the following apply:140

        (a) At the time of the applicant's decision not to continue141
with the application process, the sheriff had determined from any142
of the sheriff's investigations that the applicant then was143
engaged in activity of a criminal nature.144

        (b) The sheriff would be subject to a possible criminal145
charge under section 2921.44 of the Revised Code if the sheriff146
were to cease the investigation.147

        (B) If a criminal records check conducted under division (A) 148
of this section does not indicate that the applicant fails to meet149
the criteria described in division (D)(1) of section 2923.125 of150
the Revised Code, the sheriff shall destroy or cause a designated151
employee to destroy all records other than the application for a152
license to carry a concealed handgun or the application to renew a153
license to carry a concealed handgun that were made in connection154
with the criminal records check within twenty days after155
conducting the criminal records check. When required by section156
2923.127 of the Revised Code, the source the sheriff used in157
conducting the criminal records check shall destroy or the chief158
operating officer of the source shall cause an employee of the159
source designated by the chief to destroy all records other than160
the application for a license to carry a concealed handgun or the161
application to renew a license to carry a concealed handgun that162
were made in connection with the criminal records check within the163
twenty-day period described in that section.164

        (C) If division (B) of this section applies to a particular165
criminal records check, no sheriff, employee of a sheriff166
designated by the sheriff to destroy records under that division,167
source the sheriff used in conducting the criminal records check,168
or employee of the source designated by the chief operating169
officer of the source to destroy records under that division shall170
fail to destroy or cause to be destroyed within the applicable171
twenty-day period specified in that division all records other172
than the application for a license to carry a concealed handgun or173
the application to renew a license to carry a concealed handgun174
made in connection with the particular criminal records check.175

        (D) Whoever violates division (C) of this section is guilty176
of failure to destroy records, a misdemeanor of the second degree.177

        (E) As used in this section, "handgun" has the same meaning178
as in section 2923.11 of the Revised Code.179

       Sec. 311.42.  (A) Each county shall establish in the county180
treasury a sheriff's concealed handgun license issuance expense 181
fund. The sheriff of that county shall deposit into that fund all 182
fees paid by applicants for the issuance or renewal of a license 183
or duplicate license to carry a concealed handgun under section 184
2923.125 of the Revised Code. The county shall distribute the fees 185
deposited into the fund in accordance with the specifications 186
prescribed by the Ohio peace officer training commission under 187
division (C) of section 109.731 of the Revised Code.188

       (B) The sheriff, with the approval of the board of county189
commissioners, may expend any county portion of the fees deposited190
into the sheriff's concealed handgun license issuance expense fund 191
for any costs incurred by the sheriff in connection with 192
performing any administrative functions related to the issuance of 193
concealed handgun licenses, including, but not limited to, 194
personnel expenses and the costs of any handgun safety education 195
program that the sheriff chooses to fund.196

       Sec. 1547.69.  (A) As used in this section:197

       (1) "Firearm" hasand "handgun" have the same meaning198
meanings as in section 2923.11 of the Revised Code.199

       (2) "Unloaded" has the same meaning as in section 2923.16 of200
the Revised Code.201

       (B) No person shall knowingly discharge a firearm while in or 202
on a vessel.203

       (C) No person shall knowingly transport or have a loaded204
firearm in a vessel in such a manner that the firearm is205
accessible to the operator or any passenger.206

       (D) No person shall knowingly transport or have a firearm in207
a vessel unless it is unloaded and is carried in one of the208
following ways:209

       (1) In a closed package, box, or case;210

       (2) In plain sight with the action opened or the weapon211
stripped, or, if the firearm is of a type on which the action will212
not stay open or that cannot easily be stripped, in plain sight.213

       (E)(1) The affirmative defenses containedauthorized in214
divisions (C)(1) and, (2), and (5) of section 2923.12 of the215
Revised Code are affirmative defenses to a charge under division216
(C) or (D) of this section.217

       (2) It is an affirmative defense to a charge under division218
(B) of this section that the offender discharged the firearm in219
self-defense.220

       (3)(a) The fact that a person who is prosecuted for a221
violation of division (C) or (D) of this section is found to have222
possessed a firearm under an affirmative defense authorized in223
division (E)(1) of this section shall not be used in a subsequent224
prosecution of the person for a violation of this section or225
section 2923.12, 2923.121, 2923.122, 2923.123, or 2923.16 of the226
Revised Code.227

        (b) No person who is charged with a violation of division (C) 228
or (D) of this section shall be required to obtain a license to 229
carry a concealed handgun under section 2923.125 of the Revised230
Code as a condition for the dismissal of the charge.231

       (F) Divisions (B), (C), and (D) of this section do not apply232
to the possession or discharge of a United States coast guard233
approved signaling device required to be carried aboard a vessel234
under section 1547.251 of the Revised Code when the signaling235
device is possessed or used for the purpose of giving a visual236
distress signal. No person shall knowingly transport or possess237
any such signaling device of that nature in or on a vessel in a238
loaded condition at any time other than immediately prior to the239
discharge of the signaling device for the purpose of giving a240
visual distress signal.241

       (G) No person shall operate or permit to be operated any242
vessel on the waters in this state in violation of this section.243

       (H) This section does not apply to officers, agents, or244
employees of this or any other state or of the United States, or245
to law enforcement officers, when authorized to carry or have246
loaded or accessible firearms in a vessel and acting within the247
scope of their duties, norand this section does not apply to248
persons legally engaged in hunting. Divisions (C) and (D) of this249
section do not apply to a person who transports or possesses a250
handgun in a vessel and who, at the time of that transportation or251
possession, is carrying a valid license to carry a concealed252
handgun issued to the person under section 2923.125 of the Revised253
Code, unless the person knowingly is in a place on the vessel254
described in division (B) of section 2923.126 of the Revised Code.255

       Sec. 2911.21.  (A) No person, without privilege to do so,256
shall do any of the following:257

       (1) Knowingly enter or remain on the land or premises of258
another;259

       (2) Knowingly enter or remain on the land or premises of260
another, the use of which is lawfully restricted to certain261
persons, purposes, modes, or hours, when the offender knows hethe262
offender is in violation of any such restriction or is reckless in 263
that regard;264

       (3) Recklessly enter or remain on the land or premises of265
another, as to which notice against unauthorized access or266
presence is given by actual communication to the offender, or in a 267
manner prescribed by law, or by posting in a manner reasonably268
calculated to come to the attention of potential intruders, or by269
fencing or other enclosure manifestly designed to restrict access;270

       (4) Being on the land or premises of another, negligently271
fail or refuse to leave upon being notified by signage posted in a 272
conspicuous place or otherwise being notified to do so by the 273
owner or occupant, or the agent or servant of either.274

       (B) It is no defense to a charge under this section that the 275
land or premises involved was owned, controlled, or in custody of 276
a public agency.277

       (C) It is no defense to a charge under this section that the 278
offender was authorized to enter or remain on the land or premises 279
involved, when such authorization was secured by deception.280

       (D) Whoever violates this section is guilty of criminal281
trespass, a misdemeanor of the fourth degree.282

       (E) As used in this section, "land or premises" includes any 283
land, building, structure, or place belonging to, controlled by, 284
or in custody of another, and any separate enclosure or room, or 285
portion thereof.286

       Sec. 2913.02.  (A) No person, with purpose to deprive the287
owner of property or services, shall knowingly obtain or exert288
control over either the property or services in any of the289
following ways:290

       (1) Without the consent of the owner or person authorized to291
give consent;292

       (2) Beyond the scope of the express or implied consent of the 293
owner or person authorized to give consent;294

       (3) By deception;295

       (4) By threat;296

       (5) By intimidation.297

       (B)(1) Whoever violates this section is guilty of theft.298

       (2) Except as otherwise provided in this division or division 299
(B)(3), (4), (5), or (6) of this section, a violation of this 300
section is petty theft, a misdemeanor of the first degree. If the 301
value of the property or services stolen is five hundred dollars 302
or more and is less than five thousand dollars or if the property 303
stolen is any of the property listed in section 2913.71 of the 304
Revised Code, a violation of this section is theft, a felony of 305
the fifth degree. If the value of the property or services stolen 306
is five thousand dollars or more and is less than one hundred 307
thousand dollars, a violation of this section is grand theft, a 308
felony of the fourth degree. If the value of the property or309
services stolen is one hundred thousand dollars or more, a310
violation of this section is aggravated theft, a felony of the311
third degree.312

       (3) Except as otherwise provided in division (B)(4), (5), or313
(6) of this section, if the victim of the offense is an elderly314
person or disabled adult, a violation of this section is theft315
from an elderly person or disabled adult, and division (B)(3) of316
this section applies. Except as otherwise provided in this317
division, theft from an elderly person or disabled adult is a318
felony of the fifth degree. If the value of the property or319
services stolen is five hundred dollars or more and is less than320
five thousand dollars, theft from an elderly person or disabled321
adult is a felony of the fourth degree. If the value of the322
property or services stolen is five thousand dollars or more and323
is less than twenty-five thousand dollars, theft from an elderly324
person or disabled adult is a felony of the third degree. If the325
value of the property or services stolen is twenty-five thousand326
dollars or more, theft from an elderly person or disabled adult is327
a felony of the second degree.328

       (4) If the property stolen is a firearm or dangerous329
ordnance, a violation of this section is grand theft, a felony of330
the fourththird degree, and there is a presumption in favor of331
the court imposing a prison term for the offense. The offender332
shall serve the prison term consecutively to any other prison term333
or mandatory prison term previously or subsequently imposed upon334
the offender.335

       (5) If the property stolen is a motor vehicle, a violation of 336
this section is grand theft of a motor vehicle, a felony of the337
fourth degree.338

       (6) If the property stolen is any dangerous drug, a violation 339
of this section is theft of drugs, a felony of the fourth degree,340
or, if the offender previously has been convicted of a felony drug 341
abuse offense, a felony of the third degree.342

       Sec. 2921.13.  (A) No person shall knowingly make a false343
statement, or knowingly swear or affirm the truth of a false344
statement previously made, when any of the following applies:345

       (1) The statement is made in any official proceeding.346

       (2) The statement is made with purpose to incriminate347
another.348

       (3) The statement is made with purpose to mislead a public349
official in performing the public official's official function.350

       (4) The statement is made with purpose to secure the payment351
of unemployment compensation; Ohio works first; prevention,352
retention, and contingency benefits and services; disability353
assistance; retirement benefits; economic development assistance,354
as defined in section 9.66 of the Revised Code; or other benefits355
administered by a governmental agency or paid out of a public356
treasury.357

       (5) The statement is made with purpose to secure the issuance 358
by a governmental agency of a license, permit, authorization, 359
certificate, registration, release, or provider agreement.360

       (6) The statement is sworn or affirmed before a notary public 361
or another person empowered to administer oaths.362

       (7) The statement is in writing on or in connection with a363
report or return that is required or authorized by law.364

       (8) The statement is in writing and is made with purpose to365
induce another to extend credit to or employ the offender, to366
confer any degree, diploma, certificate of attainment, award of367
excellence, or honor on the offender, or to extend to or bestow368
upon the offender any other valuable benefit or distinction, when369
the person to whom the statement is directed relies upon it to370
that person's detriment.371

       (9) The statement is made with purpose to commit or372
facilitate the commission of a theft offense.373

       (10) The statement is knowingly made to a probate court in374
connection with any action, proceeding, or other matter within its375
jurisdiction, either orally or in a written document, including,376
but not limited to, an application, petition, complaint, or other377
pleading, or an inventory, account, or report.378

       (11) The statement is made on an account, form, record,379
stamp, label, or other writing that is required by law.380

       (12) The statement is made in connection with the purchase of 381
a firearm, as defined in section 2923.11 of the Revised Code, and 382
in conjunction with the furnishing to the seller of the firearm of 383
a fictitious or altered driver's or commercial driver's license or 384
permit, a fictitious or altered identification card, or any other 385
document that contains false information about the purchaser's 386
identity.387

       (13) The statement is made in a document or instrument of388
writing that purports to be a judgment, lien, or claim of389
indebtedness and is filed or recorded with the secretary of state,390
a county recorder, or the clerk of a court of record.391

       (14) The statement is made in an application filed with a392
county sheriff pursuant to section 2923.125 of the Revised Code in393
order to obtain or renew a license to carry a concealed handgun.394

       (B) No person, in connection with the purchase of a firearm,395
as defined in section 2923.11 of the Revised Code, shall knowingly396
furnish to the seller of the firearm a fictitious or altered397
driver's or commercial driver's license or permit, a fictitious or398
altered identification card, or any other document that contains399
false information about the purchaser's identity.400

       (C) No person, in an attempt to obtain a license to carry a401
concealed handgun under section 2923.125 of the Revised Code,402
shall knowingly present to a sheriff a fictitious or altered403
document that purports to be certification of the person's404
competence in handling a handgun as described in division (B)(3)405
of section 2923.125 of the Revised Code.406

       (D) It is no defense to a charge under division (A)(4)(6) of407
this section that the oath or affirmation was administered or408
taken in an irregular manner.409

       (D)(E) If contradictory statements relating to the same fact410
are made by the offender within the period of the statute of411
limitations for falsification, it is not necessary for the412
prosecution to prove which statement was false but only that one413
or the other was false.414

       (E)(F)(1) Whoever violates division (A)(1), (2), (3), (4),415
(5), (6), (7), (8), (10), (11), or (13) of this section is guilty416
of falsification, a misdemeanor of the first degree.417

       (2) Whoever violates division (A)(9) of this section is418
guilty of falsification in a theft offense. Except as otherwise419
provided in this division, falsification in a theft offense is a420
misdemeanor of the first degree. If the value of the property or421
services stolen is five hundred dollars or more and is less than422
five thousand dollars, falsification in a theft offense is a423
felony of the fifth degree. If the value of the property or424
services stolen is five thousand dollars or more and is less than425
one hundred thousand dollars, falsification in a theft offense is426
a felony of the fourth degree. If the value of the property or427
services stolen is one hundred thousand dollars or more,428
falsification in a theft offense is a felony of the third degree.429

       (3) Whoever violates division (A)(12) or (B) of this section 430
is guilty of falsification to purchase a firearm, a felony of the 431
fifth degree.432

       (F)(4) Whoever violates division (A)(14) or (C) of this433
section is guilty of falsification to obtain a concealed handgun434
license, a felony of the fourth degree.435

       (G) A person who violates this section is liable in a civil436
action to any person harmed by the violation for injury, death, or437
loss to person or property incurred as a result of the commission438
of the offense and for reasonable attorney's fees, court costs,439
and other expenses incurred as a result of prosecuting the civil440
action commenced under this division. A civil action under this441
division is not the exclusive remedy of a person who incurs442
injury, death, or loss to person or property as a result of a443
violation of this section.444

       Sec. 2923.12.  (A) No person shall knowingly carry or have,445
concealed on his or herthe person's person or concealed ready at446
hand, any of the following:447

       (1) A deadly weapon orother than a handgun;448

       (2) A handgun other than a dangerous ordnance;449

       (3) A dangerous ordnance.450

       (B)(1) This section does not apply to officers, agents, or451
employees of this or any other state or the United States, or to452
law enforcement officers, authorized to carry concealed weapons or453
dangerous ordnance, and acting within the scope of their duties.454

       (2) Division (A)(2) of this section does not apply to any of455
the following:456

       (a) An officer, agent, or employee of this or any other state457
or the United States, or a law enforcement officer, who is458
authorized to carry a handgun, or a corrections officer who has 459
successfully completed a basic firearms training program approved 460
by the Ohio peace officer training commission and who is 461
authorized to carry a handgun;462

        (b) A person who, at the time of the alleged carrying or463
possession of a handgun, is carrying a valid license to carry a464
concealed handgun issued to the person under section 2923.125 of465
the Revised Code, unless the person knowingly is in a place466
described in division (B) of section 2923.126 of the Revised Code;467

       (c) A person who carries or has a handgun in a motor vehicle468
if, at the time of the act, all of the following apply:469

        (i) The person did not place the handgun in the motor470
vehicle.471

        (ii) The person does not carry or have the handgun on the472
person's person.473

        (iii) The handgun is owned by a licensee for whom a valid474
license to carry a concealed handgun has been issued under section475
2923.125 of the Revised Code.476

       (C) It is an affirmative defense to a charge under this477
section of carrying or having control of a weapon other than a478
dangerous ordnance, that the actor was not otherwise prohibited by479
law from having the weapon, and that any of the following apply480
applies:481

       (1) The weapon was carried or kept ready at hand by the actor 482
for defensive purposes, while the actor was engaged in or was 483
going to or from the actor's lawful business or occupation, which 484
business or occupation was of sucha character or was necessarily485
carried on in sucha manner or at such a time or place as to 486
render the actor particularly susceptible to criminal attack, such 487
as would justify a prudent person in going armed.488

       (2) The weapon was carried or kept ready at hand by the actor 489
for defensive purposes, while the actor was engaged in a lawful490
activity and had reasonable cause to fear a criminal attack upon491
the actor or, a member of the actor's family, or upon the actor's 492
home, such as would justify a prudent person in going armed.493

       (3) The weapon was carried or kept ready at hand by the actor 494
for any lawful purpose and while in the actor's own home.495

       (4) The weapon was being transported in a motor vehicle for496
any lawful purpose, and was not on the actor's person, and, if the497
weapon was a firearm, was carried in compliance with the498
applicable requirements of division (C) of section 2923.16 of the499
Revised Code.500

       (5) The actor, at the time of the alleged carrying or501
possession of a handgun other than a dangerous ordnance, would 502
have met all of the requirements for a license to carry a 503
concealed handgun under division (D)(1) of section 2923.125 of the504
Revised Code if the actor had submitted an application for a 505
license to carry a concealed handgun at the time the actor carried 506
a concealed handgun. An affirmative defense under this division 507
does not apply to a person who knowingly was in a place described 508
in division (B) of section 2923.126 of the Revised Code at the 509
time of the alleged carrying or possession of a concealed handgun.510

       (D)(1) The fact that a person who is prosecuted for a511
violation of this section is found to have carried or possessed a512
concealed weapon under an affirmative defense authorized in513
division (C)(1), (2), or (5) of this section shall not be used in514
a subsequent prosecution of the person for a violation of this515
section or section 1547.69, 2923.121, 2923.122, 2923.123, or516
2923.16 of the Revised Code.517

       (2) No person who is charged with a violation of this section 518
shall be required to obtain a license to carry a concealed handgun 519
under section 2923.125 of the Revised Code as a condition for the 520
dismissal of the charge.521

       (E)(1) Whoever violates this section is guilty of carrying522
concealed weapons, a misdemeanor of the first degree. If the523
offender previously has been convicted of a violation of this524
section or of any offense of violence, if the weapon involved is a525
firearm that is either loaded or for which the offender has526
ammunition ready at hand, or if the weapon involved is dangerous527
ordnance, carrying concealed weapons is a felony of the fourth528
degree. If the weapon involved is a firearm and the violation of529
this section is committed at premises for which a D permit has530
been issued under Chapter 4303. of the Revised Code or if the531
offense is committed aboard an aircraft, or with purpose to carry532
a concealed weapon aboard an aircraft, regardless of the weapon533
involved.Except as otherwise provided in division (E)(2), (3), or534
(4) of this section, carrying concealed weapons is a felony535
misdemeanor of the thirdfirst degree.536

       (2) Except as otherwise provided in division (E)(3) or (4) of 537
this section, carrying concealed weapons is a misdemeanor of the 538
third degree if all of the following apply:539

       (a) The weapon involved is a handgun.540

       (b) At the time of the commission of the offense, the541
offender would have met the requirements for a license to carry a542
concealed handgun under divisions (D)(1)(b) to (k) of section543
2923.125 of the Revised Code if the offender had submitted an544
application for a license to carry a concealed handgun at the time545
the offender carried a concealed handgun but would not have met546
the requirement for a license to carry a concealed handgun under547
division (D)(1)(a) or (l) of section 2923.125 of the Revised Code.548

       (c) At the time of the commission of the offense, the person549
was not knowingly in a place described in division (B) of section550
2923.126 of the Revised Code.551

       (3) Except as otherwise provided in division (E)(4) of this 552
section, carrying concealed weapons is a felony of the fourth553
degree if any of the following apply:554

       (a) The offender previously has been convicted of any offense555
of violence.556

       (b) The weapon involved is a firearm, other than a handgun,557
that is either loaded or for which the offender has ammunition558
ready at hand.559

       (c) The weapon involved is dangerous ordnance.560

       (4) Carrying concealed weapons is a felony of the third561
degree if any of the following apply:562

       (a) The weapon involved is a handgun, and, at the time of the563
commission of the offense, the offender would not have met one or564
more of the requirements to be eligible for a license to carry a565
concealed handgun under divisions (D)(1)(b) to (k) of section566
2923.125 of the Revised Code if the offender had submitted an567
application for a license to carry a concealed handgun at the time568
the offender carried a concealed handgun and did not meet the569
requirement to be eligible for a license to carry a concealed570
handgun under division (D)(1)(a) or (l) of section 2923.125 of the571
Revised Code.572

       (b) The weapon involved is a handgun, and the offender either573
used the handgun in the commission of an offense of violence or 574
knowingly carried the handgun for the purpose of committing an 575
offense of violence.576

       (c) The weapon involved is a firearm, and the violation is577
committed at premises for which a D permit has been issued under578
Chapter 4303. of the Revised Code. 579

       (d)(i) The offense is committed aboard an aircraft or with580
purpose to carry a concealed weapon aboard an aircraft regardless581
of the weapon involved.582

       (ii) Division (E)(4)(d)(i) of this section does not apply if583
federal law does not prohibit possessing or carrying the involved584
weapon aboard the aircraft involved and if either the offender585
owns the aircraft or the offender does not own the aircraft but586
has received consent to carry a concealed weapon on the aircraft587
by the owner of the aircraft or by the person authorized to give588
consent.589

       Sec. 2923.121.  (A) No person shall possess a firearm in any590
room in which liquor is being dispensed in premises for which a D591
permit has been issued under Chapter 4303. of the Revised Code or 592
in an open air arena for which a permit of that nature has been 593
issued.594

       (B)(1) This section does not apply to officers, agents, or595
employees of this or any other state or the United States, or to596
law enforcement officers, authorized to carry firearms, and acting597
within the scope of their dutiesor to a corrections officer who598
has successfully completed a basic firearms training program599
approved by the Ohio peace officer training commission and who is600
authorized to carry a firearm, unless the officer, agent,601
employee, law enforcement officer, or corrections officer is in602
violation of section 2923.15 of the Revised Code.603

       (2) This section does not apply to any room used for the604
accommodation of guests of a hotel, as defined in section 4301.01605
of the Revised Code.606

       (3) This section does not prohibit any person who is a member 607
of a veteran's organization, as defined in section 2915.01 of the 608
Revised Code, from possessing a rifle in any room in any premises 609
owned, leased, or otherwise under the control of the veteran's 610
organization, if the rifle is not loaded with live ammunition and 611
if the person otherwise is not prohibited by law from having the 612
rifle.613

       (4) This section does not apply to any person possessing or614
displaying firearms in any room used to exhibit unloaded firearms615
for sale or trade in a soldiers' memorial established pursuant to616
Chapter 345. of the Revised Code, in a convention center, or in617
any other public meeting place, if the person is an exhibitor,618
trader, purchaser, or seller of firearms and is not otherwise619
prohibited by law from possessing, trading, purchasing, or selling620
the firearms.621

       (5) This section does not apply to the holder of the D permit 622
issued under Chapter 4303. of the Revised Code if the holder is 623
carrying a valid license to carry a concealed handgun issued to 624
the holder under section 2923.125 of the Revised Code. This 625
section also does not apply to an employee of the holder of the D 626
permit who is authorized by the holder of the D permit to carry a 627
handgun in the room or open air arena in which liquor is being 628
dispensed and who is carrying a valid license to carry a concealed 629
handgun issued to the employee under section 2923.125 of the 630
Revised Code.631

       (C) It is an affirmative defense to a charge under this632
section of illegal possession of a firearm in liquor permit633
premises, that the actor was not otherwise prohibited by law from634
having the firearm, and that any of the following apply:635

       (1) The firearm was carried or kept ready at hand by the636
actor for defensive purposes, while the actor was engaged in or637
was going to or from the actor's lawful business or occupation,638
which business or occupation was of such character or was639
necessarily carried on in such manner or at such a time or place640
as to render the actor particularly susceptible to criminal641
attack, such as would justify a prudent person in going armed.642

       (2) The firearm was carried or kept ready at hand by the643
actor for defensive purposes, while the actor was engaged in a644
lawful activity, and had reasonable cause to fear a criminal645
attack upon the actor or a member of the actor's family, or upon646
the actor's home, such as would justify a prudent person in going647
armed.648

       (D)(1) The fact that a person who is prosecuted for a649
violation of this section is found to have possessed a firearm650
under an affirmative defense authorized in division (C)(1), (2),651
or (3) of this section shall not be used in a subsequent652
prosecution of the person for a violation of this section or653
section 1547.69, 2923.12, 2923.122, 2923.123, or 2923.16 of the654
Revised Code.655

        (2) No person who is charged with a violation of this section 656
shall be required to obtain a license to carry a concealed handgun 657
under section 2923.125 of the Revised Code as a condition for the 658
dismissal of the charge.659

       (E) Whoever violates this section is guilty of illegal660
possession of a firearm in liquor permit premises, a felony of the661
fifth degree.662

       Sec. 2923.122.  (A) No person shall knowingly convey, or663
attempt to convey, a deadly weapon or dangerous ordnance into a 664
school safety zone.665

       (B) No person shall knowingly possess a deadly weapon or666
dangerous ordnance in a school safety zone.667

       (C) No person shall knowingly possess an object in a school 668
safety zone if both of the following apply:669

       (1) The object is indistinguishable from a firearm, whether 670
or not the object is capable of being fired.671

       (2) The person indicates that the person possesses the object 672
and that it is a firearm, or the person knowingly displays or 673
brandishes the object and indicates that it is a firearm.674

       (D) This section does not apply to officers, agents, or675
employees of this or any other state or the United States, or to676
law enforcement officers, authorized to carry deadly weapons or677
dangerous ordnance and acting within the scope of their duties, to 678
any security officer employed by a board of education or governing 679
body of a school during the time that the security officer is on 680
duty pursuant to that contract of employment, or to any other 681
person who has written authorization from the board of education 682
or governing body of a school to convey deadly weapons or 683
dangerous ordnance into a school safety zone or to possess a 684
deadly weapon or dangerous ordnance in a school safety zone and685
who conveys or possesses the deadly weapon or dangerous ordnance 686
in accordance with that authorization.687

       Division (C) of this section does not apply to premises upon 688
which home schooling is conducted. Division (C) of this section 689
also does not apply to a school administrator, teacher, or690
employee who possesses an object that is indistinguishable from a 691
firearm for legitimate school purposes during the course of 692
employment, a student who uses an object that is indistinguishable 693
from a firearm under the direction of a school administrator, 694
teacher, or employee, or any other person who with the express 695
prior approval of a school administrator possesses an object that 696
is indistinguishable from a firearm for a legitimate purpose,697
including the use of the object in a ceremonial activity, a play, 698
reenactment, or other dramatic presentation, or a ROTC activity or 699
another similar use of the object.700

       This section does not apply to a person who, at the time of 701
conveying or attempting to convey a handgun into, or possessing a 702
handgun in, a school safety zone, is carrying a valid license to 703
carry a concealed handgun issued to the person under section 704
2923.125 of the Revised Code and is in the school safety zone in 705
accordance with 18 U.S.C. 922(q)(2)(B), unless the person 706
knowingly is in a place described in division (B) of section 707
2923.126 of the Revised Code.708

       (E)(1) Whoever violates division (A) or (B) of this section 709
is guilty of illegal conveyance or possession of a deadly weapon 710
or dangerous ordnance in a school safety zone. Except as otherwise 711
provided in this division, illegal conveyance or possession of a 712
deadly weapon or dangerous ordnance in a school safety zone is a 713
felony of the fifth degree. If the offender previously has been 714
convicted of a violation of this section, illegal conveyance or 715
possession of a deadly weapon or dangerous ordnance in a school 716
safety zone is a felony of the fourth degree.717

       (2) Whoever violates division (C) of this section is guilty 718
of illegal possession of an object indistinguishable from a 719
firearm in a school safety zone. Except as otherwise provided in 720
this division, illegal possession of an object indistinguishable 721
from a firearm in a school safety zone is a misdemeanor of the 722
first degree. If the offender previously has been convicted of a 723
violation of this section, illegal possession of an object724
indistinguishable from a firearm in a school safety zone is a 725
felony of the fifth degree.726

       (F)(1) In addition to any other penalty imposed upon a person 727
who is convicted of or pleads guilty to a violation of this 728
section and subject to division (F)(2) of this section, if the729
offender has not attained nineteen years of age, regardless of 730
whether the offender is attending or is enrolled in a school 731
operated by a board of education or for which the state board of 732
education prescribes minimum standards under section 3301.07 of 733
the Revised Code, the court shall impose upon the offender 734
whichever of the following penalties applies:735

       (a) If the offender has been issued a probationary driver's736
license, restricted license, driver's license, or probationary 737
commercial driver's license that then is in effect, the court738
shall suspend for a period of not less than twelve months and not 739
more than thirty-six months that license of the offender.740

       (b) If the offender has been issued a temporary instruction741
permit that then is in effect, the court shall revoke it and deny 742
the offender the issuance of another temporary instruction permit, 743
and the period of denial shall be for not less than twelve months 744
and not more than thirty-six months.745

       (c) If the offender has been issued a commercial driver's 746
license temporary instruction permit that then is in effect, the747
court shall suspend the offender's driver's license, revoke the 748
commercial driver's license temporary instruction permit, and deny 749
the offender the issuance of another commercial driver's license 750
temporary instruction permit, and the period of suspension plus 751
the period of denial shall total not less than twelve months and 752
not more than thirty-six months.753

       (d) If, on the date the court imposes sentence upon the 754
offender for a violation of this section, the offender has not755
been issued any type of license that then is in effect to operate 756
a motor vehicle in this state or a temporary instruction permit 757
that then is in effect, the court shall deny the offender the 758
issuance of a temporary instruction permit for a period of not 759
less than twelve months and not more than thirty-six months.760

       (e) If the offender is not a resident of this state, the 761
court shall suspend for a period of not less than twelve months 762
and not more than thirty-six months the nonresident operating 763
privilege of the offender.764

       (2) If the offender shows good cause why the court should not 765
suspend or revoke one of the types of licenses, permits, or 766
privileges specified in division (F)(1) of this section or deny 767
the issuance of one of the temporary instruction permits specified 768
in that division, the court in its discretion may choose not to 769
impose the suspension, revocation, or denial required in that 770
division.771

       (G) As used in this section, "object that is 772
indistinguishable from a firearm" means an object made, 773
constructed, or altered so that, to a reasonable person without774
specialized training in firearms, the object appears to be a 775
firearm.776

       Sec. 2923.123.  (A) No person shall knowingly convey or777
attempt to convey a deadly weapon or dangerous ordnance into a778
courthouse or into another building or structure in which a779
courtroom is located.780

       (B) No person shall knowingly possess or have under the781
person's control a deadly weapon or dangerous ordnance in a782
courthouse or in another building or structure in which a783
courtroom is located.784

       (C) This section does not apply to any of the following:785

       (1) A judge of a court of record of this state or a786
magistrate, unless a rule of superintendence or another type of787
rule adopted by the supreme court pursuant to Article IV, Ohio788
Constitution, or an applicable local rule of court prohibits all789
persons from conveying or attempting to convey a deadly weapon or790
dangerous ordnance into a courthouse or into another building or791
structure in which a courtroom is located or from possessing or792
having under one's control a deadly weapon or dangerous ordnance793
in a courthouse or in another building or structure in which a794
courtroom is located;795

       (2) A peace officer, or an officer of a law enforcement796
agency of another state, a political subdivision of another state,797
or the United States, who is authorized to carry a deadly weapon798
or dangerous ordnance, who possesses or has under that799
individual's control a deadly weapon or dangerous ordnance as a800
requirement of that individual's duties, and who is acting within801
the scope of that individual's duties at the time of that802
possession or control, unless a rule of superintendence or another803
type of rule adopted by the supreme court pursuant to Article IV,804
Ohio Constitution, or an applicable local rule of court prohibits805
all persons from conveying or attempting to convey a deadly weapon806
or dangerous ordnance into a courthouse or into another building807
or structure in which a courtroom is located or from possessing or808
having under one's control a deadly weapon or dangerous ordnance809
in a courthouse or in another building or structure in which a810
courtroom is located;811

       (3) A person who conveys, attempts to convey, possesses, or812
has under the person's control a deadly weapon or dangerous813
ordnance that is to be used as evidence in a pending criminal or814
civil action or proceeding;815

       (4) A bailiff or deputy bailiff of a court of record of this816
state who is authorized to carry a firearm pursuant to section817
109.77 of the Revised Code, who possesses or has under that818
individual's control a firearm as a requirement of that819
individual's duties, and who is acting within the scope of that820
individual's duties at the time of that possession or control,821
unless a rule of superintendence or another type of rule adopted822
by the supreme court pursuant to Article IV, Ohio Constitution, or823
an applicable local rule of court prohibits all persons from824
conveying or attempting to convey a deadly weapon or dangerous825
ordnance into a courthouse or into another building or structure826
in which a courtroom is located or from possessing or having under827
one's control a deadly weapon or dangerous ordnance in a828
courthouse or in another building or structure in which a829
courtroom is located;830

       (5) A prosecutor, or a secret service officer appointed by a831
county prosecuting attorney, who is authorized to carry a deadly832
weapon or dangerous ordnance in the performance of the833
individual's duties, who possesses or has under that individual's834
control a deadly weapon or dangerous ordnance as a requirement of835
that individual's duties, and who is acting within the scope of836
that individual's duties at the time of that possession or837
control, unless a rule of superintendence or another type of rule838
adopted by the supreme court pursuant to Article IV of the Ohio839
Constitution or an applicable local rule of court prohibits all840
persons from conveying or attempting to convey a deadly weapon or841
dangerous ordnance into a courthouse or into another building or842
structure in which a courtroom is located or from possessing or843
having under one's control a deadly weapon or dangerous ordnance844
in a courthouse or in another building or structure in which a845
courtroom is located;846

       (6) A person who conveys or attempts to convey a handgun into 847
a courthouse or into another building or structure in which a848
courtroom is located, who, at the time of the conveyance or849
attempt, is carrying a valid license to carry a concealed handgun850
issued to the person under section 2923.125 of the Revised Code,851
and who transfers possession of the handgun to the officer or852
officer's designee who has charge of the courthouse or building.853
The officer shall secure the handgun until the licensee is854
prepared to leave the premises. The exemption described in this855
division does not apply if a rule of superintendence or another856
type of rule adopted by the supreme court pursuant to Article IV,857
Ohio Constitution, or if an applicable local rule of court858
prohibits all persons from conveying or attempting to convey a859
deadly weapon or dangerous ordnance into a courthouse or into860
another building or structure in which a courtroom is located or861
from possessing or having under one's control a deadly weapon or862
dangerous ordnance in a courthouse or in another building or863
structure in which a courtroom is located.864

       (D)(1) Whoever violates division (A) of this section is865
guilty of illegal conveyance of a deadly weapon or dangerous866
ordnance into a courthouse. Except as otherwise provided in this867
division, illegal conveyance of a deadly weapon or dangerous868
ordnance into a courthouse is a felony of the fifth degree. If the 869
offender previously has been convicted of a violation of division 870
(A) or (B) of this section, illegal conveyance of a deadly weapon 871
or dangerous ordnance into a courthouse is a felony of the fourth 872
degree.873

       (2) Whoever violates division (B) of this section is guilty874
of illegal possession or control of a deadly weapon or dangerous875
ordnance in a courthouse. Except as otherwise provided in this876
division, illegal possession or control of a deadly weapon or877
dangerous ordnance in a courthouse is a felony of the fifth878
degree. If the offender previously has been convicted of a879
violation of division (A) or (B) of this section, illegal880
possession or control of a deadly weapon or dangerous ordnance in881
a courthouse is a felony of the fourth degree.882

       (E) As used in this section:883

       (1) "Magistrate" means an individual who is appointed by a884
court of record of this state and who has the powers and may885
perform the functions specified in Civil Rule 53, Criminal Rule886
19, or Juvenile Rule 40.887

       (2) "Peace officer" and "prosecutor" have the same meanings888
as in section 2935.01 of the Revised Code.889

       Sec. 2923.124. As used in sections 2923.124 to 2923.1212 of890
the Revised Code: 891

       (A) "Application form" means the application form prescribed892
pursuant to division (A)(1) of section 109.731 of the Revised Code893
and includes a copy of that form.894

       (B) "Competency certification" and "competency certificate"895
mean a document of the type described in division (B)(3) of896
section 2923.125 of the Revised Code.897

       (C) "Detention facility" has the same meaning as in section898
2921.01 of the Revised Code. 899

       (D) "Licensee" means a person to whom a license to carry a900
concealed handgun has been issued under section 2923.125 of the901
Revised Code.902

       (E) "License fee" or "license renewal fee" means the fee for903
a license to carry a concealed handgun or the fee to renew that904
license that is prescribed pursuant to division (C) of section905
109.731 of the Revised Code and that is to be paid by an applicant906
for a license of that type.907

       (F) "Peace officer" has the same meaning as in section908
2935.01 of the Revised Code.909

       (G) "State correctional institution" has the same meaning as910
in section 2967.01 of the Revised Code.911

       (H) "Valid license" means a license to carry a concealed912
handgun that has been issued under section 2923.125 of the Revised913
Code, that is currently valid, that is not under a suspension914
under division (A)(1) of section 2923.128 of the Revised Code, and915
that has not been revoked under division (B)(1) of section916
2923.128 of the Revised Code. 917

       Sec. 2923.125.  (A) Upon the request of a person who wishes918
to obtain a license to carry a concealed handgun or to renew a919
license to carry a concealed handgun, a sheriff shall provide to920
the person free of charge an application form and a copy of the921
pamphlet described in division (B) of section 109.731 of the922
Revised Code.923

       (B) An applicant for a license to carry a concealed handgun924
shall submit a completed application form and all of the following925
to the sheriff of the county in which the applicant resides or to926
the sheriff of any county adjacent to the county in which the927
applicant resides:928

       (1) A nonrefundable license fee prescribed by the Ohio peace929
officer training commission pursuant to division (C) of section930
109.731 of the Revised Code, except that the sheriff shall waive931
the payment of the license fee in connection with an initial or932
renewal application for a license that is submitted by an933
applicant who is a retired peace officer, a retired person934
described in division (B)(1)(b) of section 109.77 of the Revised935
Code, a retired federal law enforcement officer who, prior to936
retirement, was authorized under federal law to carry a firearm in937
the course of duty, or a retired corrections officer who, prior to938
retirement, had successfully completed a basic firearms training939
program approved by the Ohio peace officer training commission and940
who was authorized to carry a firearm in the course of duty,941
unless the retired peace officer, person, federal law enforcement942
officer, or corrections officer retired as the result of a mental943
disability;944

       (2) A color photograph of the applicant that was taken within945
thirty days prior to the date of the application;946

       (3) Unless the applicant is a retired peace officer, federal947
law enforcement officer, or corrections officer described in948
division (B)(1) of this section or a retired person described in949
division (B)(1)(b) of section 109.77 of the Revised Code and950
division (B)(1) of this section, one or more of the following951
competency certifications, each of which shall reflect that within952
the three years immediately preceding the application the953
applicant has performed that to which the competency certification954
relates:955

        (a) An original or photocopy of a certificate of completion956
of a firearms safety, training, or requalification or firearms957
safety instructor course, class, or program that was offered by or958
under the auspices of the national rifle association and that959
complies with the requirements set forth in division (G) of this960
section; 961

       (b) An original or photocopy of a certificate of completion962
of a firearms safety, training, or requalification or firearms963
safety instructor course, class, or program that was open to964
members of the general public, that utilized qualified instructors965
who were certified by the national rifle association, the966
executive director of the Ohio peace officer training commission967
pursuant to section 109.75 or 109.78 of the Revised Code, or a968
governmental official or entity of another state, that was offered969
by or under the auspices of a law enforcement agency of this or970
another state or the United States, a public or private college,971
university, or other similar postsecondary educational institution972
located in this or another state, a firearms training school973
located in this or another state, or another type of public or974
private entity or organization located in this or another state,975
and that complies with the requirements set forth in division (G)976
of this section;977

        (c) An original or photocopy of a certificate of completion978
of a state, county, municipal, or department of natural resources979
peace officer training school that is approved by the executive980
director of the Ohio peace officer training commission pursuant to981
section 109.75 of the Revised Code and that complies with the982
requirements set forth in division (G) of this section, or the983
applicant has satisfactorily completed and been issued a984
certificate of completion of a basic firearms training program, a985
firearms requalification training program, or another basic986
training program described in section 109.78 or 109.801 of the987
Revised Code that complies with the requirements set forth in988
division (G) of this section;989

        (d) A document that evidences both of the following:990

        (i) That the applicant is an active or reserve member of the 991
armed forces of the United States or was honorably discharged from 992
military service in the active or reserve armed forces of the993
United States;994

        (ii) That, through participation in the military service 995
described in division (B)(3)(d)(i) of this section, the applicant 996
acquired experience with handling handguns or other firearms, and 997
the experience so acquired was equivalent to training that the 998
applicant could have acquired in a course, class, or program 999
described in division (B)(3)(a), (b), or (c) of this section.1000

        (e) A certificate or another similar document that evidences1001
satisfactory completion of a firearms training, safety, or1002
requalification or firearms safety instructor course, class, or1003
program that is not otherwise described in division (B)(3)(a),1004
(b), (c), or (d) of this section, that was conducted by an1005
instructor who was certified by an official or entity of the1006
government of this or another state or the United States or by the1007
national rifle association, and that complies with the1008
requirements set forth in division (G) of this section;1009

        (f) An affidavit that attests to the applicant's satisfactory 1010
completion of a course, class, or program described in division 1011
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed 1012
by the applicant's instructor or an authorized representative of 1013
the entity that offered the course, class, or program or under 1014
whose auspices the course, class, or program was offered;1015

       (g) A valid license to carry a handgun in this state or in a1016
county or municipal corporation of this state, other than a1017
license issued under this section, that was or is issued prior to,1018
on, or after the effective date of this section and has not been1019
revoked for cause.1020

       (4) If applicable, a certification of the type or a copy of1021
the court order described in division (D)(6) of this section.1022

       (C) Upon receipt of an applicant's completed application1023
form, supporting documentation, and, if not waived, license fee, a1024
sheriff shall conduct or cause to be conducted the criminal1025
records check described in section 311.41 of the Revised Code. 1026

       (D)(1) Except as provided in division (D)(3), (4), or (5) of1027
this section, within forty-five days after receipt of an1028
applicant's completed application form for a license to carry a1029
concealed handgun, the supporting documentation, and, if not1030
waived, license fee, a sheriff shall issue to the applicant a1031
license to carry a concealed handgun that shall expire four years1032
after the date of issuance if all of the following apply:1033

       (a) The applicant has been a resident of this state for at1034
least forty-five days and a resident of the county in which the1035
person seeks the license or a county adjacent to the county in1036
which the person seeks the license for at least thirty days.1037

       (b) The applicant is at least twenty-one years of age.1038

       (c) The applicant is not a fugitive from justice.1039

       (d) The applicant is not under indictment for or otherwise1040
charged with a felony; an offense under Chapter 2925., 3719., or1041
4729. of the Revised Code that involves the illegal possession,1042
use, sale, administration, or distribution of or trafficking in a1043
drug of abuse; a misdemeanor offense of violence; or a violation1044
of section 2903.14 or 2923.1211 of the Revised Code.1045

       (e) The applicant has not been convicted of, pleaded guilty1046
to, or been adjudicated a delinquent child for an act that if1047
committed by an adult would be a felony; an offense under Chapter1048
2925., 3719., or 4729. of the Revised Code that involves the1049
illegal possession, use, sale, administration, or distribution of1050
or trafficking in a drug of abuse; or a violation of section1051
2903.13 of the Revised Code when the victim of the violation is a1052
peace officer, regardless of whether the applicant was sentenced1053
under division (C)(3) of that section.1054

       (f) The applicant, within three years of the date of the1055
application, has not been convicted of, pleaded guilty to, or been1056
adjudicated a delinquent child for an act that if committed by an1057
adult would be a misdemeanor offense of violence other than a1058
misdemeanor violation of section 2921.33 of the Revised Code or a1059
violation of section 2903.13 of the Revised Code when the victim1060
of the violation is a peace officer, or a misdemeanor violation of1061
section 2923.1211 of the Revised Code.1062

       (g) Except as otherwise provided in division (D)(1)(e) of1063
this section, the applicant, within five years of the date of the1064
application, has not been convicted of, pleaded guilty to, or been1065
adjudicated a delinquent child for committing two or more1066
violations of section 2903.13 or 2903.14 of the Revised Code.1067

       (h) The applicant, within ten years of the date of the1068
application, has not been convicted of, pleaded guilty to, or been1069
adjudicated a delinquent child for violating section 2921.33 of1070
the Revised Code.1071

       (i) Subject to division (D)(6) of this section, the applicant1072
is not currently under an adjudication of mental incompetence and1073
has not been involuntarily hospitalized or institutionalized 1074
pursuant to a court order.1075

       (j) The applicant is not currently subject to a temporary or1076
permanent protection order issued pursuant to section 2919.26 or1077
3113.31 of the Revised Code.1078

       (k) The applicant certifies that the applicant desires a1079
legal means to carry a concealed handgun for defense of the1080
applicant or a member of the applicant's family while engaged in1081
lawful activity.1082

       (l) The applicant submits a competency certification of the1083
type described in division (B)(3) of this section unless that1084
competency certification is not required.1085

       (2) If a sheriff denies an application under this section1086
because the applicant does not satisfy the criteria described in1087
division (D)(1) of this section, the sheriff shall specify the1088
grounds for the denial in a written notice to the applicant and,1089
if applicable, shall comply with division (D)(4) of this section.1090

       (3) If the sheriff with whom an application for a license to1091
carry a concealed handgun was filed becomes aware that the1092
applicant has been arrested for or otherwise charged with an1093
offense that would disqualify the applicant from holding the1094
license, the sheriff shall suspend the processing of the1095
application until the disposition of the case arising from the1096
arrest or charge.1097

       (4)(a) If a sheriff determines that an applicant for a1098
license under this section does not meet the criteria described in1099
division (D)(1) of this section for reasons other than the1100
criminal records check conducted under section 311.41 of the1101
Revised Code, the sheriff shall file a petition in the court of1102
common pleas of the sheriff's county that requests the court to1103
review the applicant's application and supporting documentation1104
and other relevant information that the sheriff submits and that1105
was acquired in connection with the application and that requests1106
the court to authorize the sheriff to deny the requested license.1107
The sheriff shall serve the applicant with a copy of the petition1108
in the manner prescribed in the Rules of Civil Procedure for the1109
service of process regarding complaints. Upon the request of1110
either the sheriff or the applicant, the court shall promptly hold1111
a hearing on the petition prior to making a determination under1112
division (D)(4)(b) of this section.1113

       (b) If the court determines that the sheriff who filed a1114
petition under division (D)(4)(a) of this section established by1115
clear and convincing evidence that the applicant does not satisfy1116
the requirements described in division (D)(1) of this section for1117
reasons other than the criminal records check, the court shall1118
authorize the sheriff to deny the requested license. If the court1119
determines that the sheriff has not sustained that burden of1120
proof, it shall order the sheriff to issue the requested license1121
and to pay any reasonable attorney's fees incurred by the1122
applicant under division (D)(4) of this section.1123

       (5) If the sheriff determines the applicant is a resident of1124
the county in which the applicant seeks the license or of an1125
adjacent county but does not yet meet the residency requirements1126
described in division (D)(1)(a) of this section, the sheriff shall1127
not deny the license because of the residency requirements but1128
shall not issue the license until the applicant meets those1129
residency requirements.1130

       (6) A person who previously has been declared incompetent or 1131
involuntarily hospitalized or institutionalized pursuant to court 1132
order shall be eligible for a license to carry a concealed handgun 1133
under this section if the person submits either of the following:1134

        (a) A certification by a physician licensed pursuant to1135
Chapter 4731. of the Revised Code whose primary practice is in the1136
field of psychiatry that the condition that resulted in the1137
applicant's involuntary hospitalization or institutionalization is 1138
in remission and is not reasonably likely to redevelop at a future 1139
time and that the applicant no longer represents a risk of 1140
physical harm to others;1141

        (b) A copy of the court order reversing or vacating the court 1142
order adjudicating the person to be mentally incompetent or the 1143
order under which the applicant had been involuntarily 1144
hospitalized or institutionalized. 1145

       (E) If a license to carry a concealed handgun issued under1146
this section is lost or is destroyed, the licensee may obtain from1147
the sheriff who issued that license a duplicate license upon the1148
payment of a fee of fifteen dollars and the submission of an1149
affidavit attesting to the loss or destruction of the license.1150

       (F) A licensee who wishes to renew a license to carry a1151
concealed handgun shall do so within thirty days after the1152
expiration date of the license by filing with the sheriff of the1153
county in which the applicant resides or with the sheriff of an1154
adjacent county an application for renewal of the license obtained1155
pursuant to division (D) of this section, a new color photograph1156
of the licensee that was taken within thirty days prior to the1157
date of the renewal application, and a nonrefundable license1158
renewal fee unless the fee is waived. The licensee is not required1159
to submit a new competency certificate.1160

       Upon receipt of a completed renewal application, color1161
photograph, and license renewal fee unless the fee is waived, a1162
sheriff shall conduct or cause to be conducted the criminal1163
records check described in section 311.41 of the Revised Code. The1164
sheriff shall renew the license if the sheriff determines that the1165
applicant continues to satisfy the requirements described in1166
division (D)(1) of this section. A renewed license shall expire1167
four years after the date of issuance and is subject to division1168
(E) of this section and sections 2923.126 and 2923.128 of the1169
Revised Code. A sheriff shall comply with divisions (D)(2) to (5)1170
of this section when the circumstances described in those1171
divisions apply to a requested license renewal.1172

       (G)(1) Each course, class, or program described in division1173
(B)(3)(a), (b), (c), or (e) of this section shall include at least 1174
twelve hours of training in the safe handling and use of a firearm 1175
that shall include all of the following:1176

        (a) The ability to name, explain, and demonstrate the rules1177
for safe handling of a handgun;1178

        (b) The ability to demonstrate and explain how to handle1179
ammunition in a safe manner;1180

       (c) The ability to demonstrate the knowledge, skills, and1181
aptitude necessary to shoot a handgun in a safe manner; 1182

       (d) Range time, live fire training, and gun handling1183
training.1184

        (2) To satisfactorily complete the course, class, or program1185
described in division (B)(3)(a), (b), (c), or (e) of this section,1186
the applicant shall pass a competency examination that shall1187
include both of the following:1188

       (a) A written section on the ability to name and explain the1189
rules for the safe handling of a handgun and proper storage1190
practices for handguns and ammunition;1191

       (b) A physical demonstration of competence in the use of a1192
handgun and in the rules for safe handling and storage of a1193
handgun and a physical demonstration of the aptitude necessary to1194
shoot a handgun in a safe manner.1195

        (3) The competency certification described in division1196
(B)(3)(a), (b), (c), or (e) of this section shall attest that the1197
course, class, or program the applicant successfully completed met1198
the requirements described in division (G)(1) of this section.1199

       Sec. 2923.126.  (A) A license to carry a concealed handgun1200
that is issued under section 2923.125 of the Revised Code shall1201
expire four years after the date of issuance. A licensee shall be1202
granted a grace period of thirty days after the licensee's license1203
expires during which the licensee's license remains valid. Except1204
as provided in divisions (B) and (C) of this section, the licensee1205
may carry a concealed handgun anywhere in this state if the1206
licensee also carries a valid license and valid identification1207
when the licensee is in actual possession of a concealed handgun.1208
The licensee shall give notice of any change in the licensee's1209
residence address to the sheriff who issued the license within1210
forty-five days after that change. If a law enforcement officer 1211
approaches a stopped vehicle as the result of a traffic stop or a 1212
stop for another law enforcement purpose and a licensee is the 1213
driver or an occupant of that vehicle and if the licensee is 1214
carrying a concealed handgun at the time the officer approaches1215
the vehicle, the licensee shall promptly inform the officer that1216
the licensee has been issued a license to carry a concealed1217
handgun and that the licensee currently is carrying a concealed1218
handgun.1219

       (B) A valid license does not authorize the licensee to carry1220
a concealed handgun into any of the following places: 1221

       (1) The secured area of a police station, sheriff's office,1222
or state highway patrol station, premises controlled by the bureau1223
of criminal identification and investigation, a state correctional1224
institution, jail, workhouse, or other detention facility, an1225
airport passenger terminal, or an institution that is maintained, 1226
operated, managed, and governed pursuant to division (A) of 1227
section 5119.02 of the Revised Code or division (A)(1) of section 1228
5123.03 of the Revised Code;1229

       (2) A school safety zone, in violation of section 2923.122 of 1230
the Revised Code; 1231

       (3) A courthouse or another building or structure in which a1232
courtroom is located, in violation of section 2923.123 of the1233
Revised Code;1234

       (4) Any room or open air arena in which liquor is being 1235
dispensed in premises for which a D permit has been issued under 1236
Chapter 4303. of the Revised Code, in violation of section 1237
2923.121 of the Revised Code;1238

        (5) The premises of any public or private college,1239
university, or other institution of higher education, unless the1240
handgun is in a locked motor vehicle or the licensee is in the1241
immediate process of placing the handgun in a locked motor1242
vehicle;1243

        (6) Any church, synagogue, mosque, or other place of worship, 1244
unless the church, synagogue, mosque, or other place of worship 1245
posts or permits otherwise;1246

       (7) A place in which federal law prohibits the carrying of1247
handguns. 1248

       (C)(1) Nothing in this section shall negate or restrict a1249
rule, policy, or practice of a private employer that is not a1250
private college, university, or other institution of higher1251
education concerning or prohibiting the presence of firearms on1252
the private employer's premises or property, including motor1253
vehicles owned by the private employer, except that a licensee may1254
keep a handgun in a locked motor vehicle that is not owned by the 1255
private employer. Nothing in this section shall require a private1256
employer of that nature to adopt a rule, policy, or practice 1257
concerning or prohibiting the presence of firearms on the private 1258
employer's premises or property, including motor vehicles owned by 1259
the private employer.1260

       (2) A private employer shall be immune from liability in a1261
civil action for any injury, death, or loss to person or property1262
that allegedly was caused by or related to a licensee bringing a1263
handgun onto the premises or property of the private employer,1264
including motor vehicles owned by the private employer, unless the1265
private employer acted with malicious purpose. A private employer 1266
is immune from liability in a civil action for any injury, death, 1267
or loss to person or property that allegedly was caused by or 1268
related to the private employer's decision to permit a licensee to 1269
bring, or prohibit a licensee from bringing, a handgun onto the 1270
premises or property of the private employer. As used in this1271
division, "private employer" includes a private college,1272
university, or other institution of higher education.1273

       (3) The owner or person in control of private land or 1274
premises, and a private person or entity leasing land or premises 1275
owned by the state, the United States, or a political subdivision 1276
of the state or the United States, may post a sign in a 1277
conspicuous location on that land or on those premises prohibiting 1278
persons from carrying firearms or concealed firearms on or onto 1279
that land or those premises. A person who knowingly violates a 1280
posted prohibition of that nature is guilty of criminal trespass 1281
in violation of division (A)(4) of section 2911.21 of the Revised 1282
Code and is guilty of a misdemeanor of the fourth degree.1283

        (D) A person who holds a license to carry a concealed handgun1284
that was issued pursuant to the law of another state has the same 1285
right to carry a concealed handgun in this state as a person who 1286
was issued a license to carry a concealed handgun under section 1287
2923.125 of the Revised Code and is subject to the same1288
restrictions that apply to a person who carries a license issued1289
under that section.1290

       Sec. 2923.127. (A) If a sheriff denies an application for a1291
license to carry a concealed handgun or denies the renewal of a1292
license to carry a concealed handgun as a result of the criminal1293
records check conducted pursuant to section 311.41 of the Revised1294
Code and if the applicant believes the denial was based on1295
incorrect information reported by the source the sheriff used in1296
conducting the criminal records check, the applicant may file a1297
written request with the source requesting the source to conduct1298
another criminal records check with respect to the applicant, to1299
correct all erroneous information in the source's records that1300
relates to the applicant and that may be relevant to the1301
applicant's eligibility for a license to carry a concealed1302
handgun, and to transmit the corrected information to the sheriff.1303

       If the source fails to perform those functions within1304
fourteen days or denies the applicant's request, the applicant may1305
file in the court of common pleas of the applicant's county of1306
residence a complaint that requests the court to order the source1307
to perform those functions. The court shall order the source to1308
perform the requested functions if the applicant establishes by1309
clear and convincing evidence all of the following:1310

       (1) The source's records contain erroneous information that1311
relates to the applicant and that may be relevant to a sheriff's1312
determination as to the applicant's eligibility for a license.1313

       (2) The erroneous information should be corrected.1314

       (3) The source's records as so corrected contain, and the1315
criminal records check otherwise contained, no information that1316
may be relevant to a sheriff's determination as to the applicant's1317
eligibility for a license. 1318

       (B) If a court enters an order of the type described in1319
division (A) of this section, within twenty days after the source1320
transmits corrected information to the sheriff who denied the1321
issuance or renewal of the license, the destruction of records1322
provisions of divisions (B) and (C) of section 311.41 of the1323
Revised Code shall apply to the chief operating officer of the1324
source or an employee of the source designated by that officer.1325

       Sec. 2923.128. (A)(1) If a licensee holding a valid license1326
is arrested for or otherwise charged with an offense described in1327
division (D)(1)(d) of section 2923.125 of the Revised Code or with 1328
a violation of section 2923.15 of the Revised Code or becomes 1329
subject to a temporary protection order issued pursuant to section 1330
2919.26 or 3113.31 of the Revised Code, the sheriff who issued the 1331
license shall suspend it and shall comply with division (A)(3) of 1332
this section upon becoming aware of the arrest, charge, or 1333
temporary protection order.1334

       (2) A suspension under division (A)(1) of this section shall1335
be considered as beginning on the date that the licensee is1336
arrested for or otherwise charged with an offense described in1337
that division or on the date the appropriate court issued the1338
temporary protection order described in that division,1339
irrespective of when the sheriff notifies the licensee under1340
division (A)(3) of this section. The suspension shall end on the1341
date on which the charges are dismissed or the licensee is found1342
not guilty of the offense described in division (A)(1) of this1343
section or, subject to division (B) of this section, on the date1344
the appropriate court terminates the temporary protection order1345
described in that division. If the suspension so ends, the sheriff1346
shall return the license to the licensee.1347

       (3) Upon becoming aware of an arrest, charge, or temporary1348
protection order described in division (A)(1) of this section with1349
respect to a licensee, the sheriff who issued the licensee's1350
license to carry a concealed handgun shall notify the licensee, by1351
certified mail, return receipt requested, at the licensee's last1352
known residence address that the license has been suspended and1353
that the licensee is required to surrender the license at the1354
sheriff's office within ten days of the date on which the notice1355
was mailed.1356

       (B)(1) A sheriff who issues a license to carry a concealed1357
handgun to a licensee shall revoke the license in accordance with1358
division (B)(2) of this section upon becoming aware that the1359
licensee satisfies any of the following:1360

       (a) The licensee is under twenty-one years of age.1361

       (b) At the time of the issuance of the license, the licensee1362
did not satisfy the eligibility requirements of division1363
(D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 of the 1364
Revised Code.1365

       (c) On or after the date on which the license was issued, the1366
licensee is convicted of or pleads guilty to a violation of1367
section 2923.15 of the Revised Code or an offense described in1368
division (D)(1)(e), (f), (g), or (h) of section 2923.125 of the1369
Revised Code.1370

       (d) On or after the date on which the license was issued, the 1371
licensee becomes subject to a permanent protection order issued 1372
pursuant to section 3113.31 of the Revised Code.1373

       (e) The licensee knowingly carries a concealed handgun into a1374
place that the licensee knows is an unauthorized place specified1375
in division (B) of section 2923.126 of the Revised Code.1376

       (f) On or after the date on which the license was issued, the1377
licensee is adjudicated to be mentally incompetent or has been1378
involuntarily hospitalized or institutionalized pursuant to a 1379
court order.1380

       (g) At the time of the issuance of the license, the licensee1381
did not meet the residency requirements described in division1382
(D)(1) of section 2923.125 of the Revised Code and currently does1383
not meet the residency requirements described in that division.1384

       (h) The competency certificate the licensee submitted was1385
forged or otherwise was fraudulent.1386

       (2) Upon becoming aware of any circumstance listed in1387
division (B)(1) of this section that applies to a particular1388
licensee, the sheriff who issued the license to carry a concealed1389
handgun to the licensee shall notify the licensee, by certified1390
mail, return receipt requested, at the licensee's last known1391
residence address that the license is subject to revocation and1392
that the licensee may come to the sheriff's office and contest the1393
sheriff's proposed revocation within fourteen days of the date on1394
which the notice was mailed. After the fourteen-day period and1395
after consideration of any information that the licensee provides1396
during that period, if the sheriff determines on the basis of the1397
information of which the sheriff is aware that the licensee is1398
described in division (B)(1) of this section and no longer1399
satisfies the requirements described in division (D)(1) of section1400
2923.125 of the Revised Code, the sheriff shall revoke the1401
license, notify the licensee of that fact, and require the1402
licensee to surrender the license.1403

       Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the1404
bureau of criminal identification and investigation, the employees1405
of the bureau, the Ohio peace officer training commission, or the1406
employees of the commission make a good faith effort in performing 1407
the duties imposed upon the sheriff, the superintendent, the 1408
bureau's employees, the commission, or the commission's employees 1409
by sections 109.731, 311.41, and 2923.124 to 2923.1212 of the 1410
Revised Code, in addition to the personal immunity provided by 1411
section 9.86 of the Revised Code or division (A)(6) of section 1412
2744.03 of the Revised Code and the governmental immunity of 1413
sections 2744.02 and 2744.03 of the Revised Code and in addition 1414
to any other immunity possessed by the bureau, the commission, and 1415
their employees, the sheriff, the sheriff's office, the county in 1416
which the sheriff has jurisdiction, the bureau, the superintendent 1417
of the bureau, the bureau's employees, the commission, and the1418
commission's employees are immune from liability in a civil action1419
for injury, death, or loss to person or property that allegedly1420
was caused by or related to any of the following:1421

       (a) The issuance, renewal, suspension, or revocation of a1422
license to carry a concealed handgun;1423

       (b) The failure to issue, renew, suspend, or revoke a license1424
to carry a concealed handgun;1425

       (c) Any action or misconduct with a handgun committed by a1426
licensee.1427

       (2) Any action of a sheriff relating to the issuance,1428
renewal, suspension, or revocation of a license to carry a1429
concealed handgun shall be considered to be a governmental1430
function for purposes of Chapter 2744. of the Revised Code.1431

       (3) An entity that or instructor who provides a competency1432
certification of a type described in division (B)(3) of section1433
2923.125 of the Revised Code is immune from civil liability that1434
might otherwise be incurred or imposed for any death or any injury1435
or loss to person or property that is caused by or related to a1436
person to whom the entity or instructor has issued the competency1437
certificate if all of the following apply:1438

        (a) The alleged liability of the entity or instructor relates 1439
to the training provided in the course, class, or program covered 1440
by the competency certificate.1441

        (b) The entity or instructor makes a good faith effort in1442
determining whether the person has satisfactorily completed the1443
course, class, or program.1444

        (c) The entity or instructor did not issue the competency1445
certificate with malicious purpose, in bad faith, or in a wanton1446
or reckless manner.1447

       (4) A law enforcement agency that employs a peace officer is1448
immune from liability in a civil action to recover damages for1449
injury, death, or loss to person or property allegedly caused by1450
any act of that peace officer if the act occurred while the peace1451
officer carried a concealed handgun and was off duty and if the1452
act allegedly involved the peace officer's use of the concealed1453
handgun. Sections 9.86 and 9.87 of the Revised Code apply to any1454
civil action involving a peace officer's use of a concealed1455
handgun in the performance of the peace officer's duties while the1456
peace officer is off duty.1457

       (B) Notwithstanding section 149.43 of the Revised Code, the1458
records that a sheriff keeps relative to the issuance, renewal,1459
suspension, or revocation of a license to carry a concealed1460
handgun, including, but not limited to, completed applications for1461
the issuance or renewal of a license, reports of criminal records1462
checks under section 311.41 of the Revised Code, and applicants'1463
social security numbers and fingerprints that are obtained under1464
divisions (A)(1) and (2) of section 311.41 of the Revised Code,1465
are confidential and are not public records. No person shall1466
release or otherwise disseminate records that are confidential1467
under this division unless required to do so pursuant to a court1468
order.1469

       (C) Each sheriff shall report to the Ohio peace officer1470
training commission the number of licenses to carry a concealed1471
handgun that the sheriff issued, renewed, suspended, revoked, or1472
denied during the previous quarter of the calendar year and the1473
number of applications for those licenses that were suspended in1474
accordance with division (D)(3) of section 2923.125 of the Revised1475
Code during the previous quarter of the calendar year. The sheriff 1476
shall not include in the report the name or any other identifying 1477
information of an applicant or licensee. The sheriff shall report 1478
that information in a manner that permits the commission to 1479
maintain the statistics described in division (D) of section 1480
109.731 of the Revised Code and to timely prepare the statistical 1481
report described in that division. This information is1482
confidential and is not a public record. No person shall release1483
or otherwise disseminate records that are confidential under this1484
division unless required to do so pursuant to a court order.1485

       (D) Whoever violates division (B) or (C) of this section is1486
guilty of illegal release of confidential concealed handgun1487
license records, a misdemeanor of the second degree.1488

       Sec. 2923.1210.  The application for a license to carry a1489
concealed handgun or for the renewal of a license of that nature1490
that is to be used under section 2923.125 of the Revised Code1491
shall conform substantially to the following form:1492

"Ohio Peace Officer Training Commission APPLICATION FOR A LICENSE TO CARRY A CONCEALED HANDGUN 1493
Please Type or Print in Ink 1494

SECTION I. 1495
This application will not be processed unless all applicable questions have been answered and until all required supporting documents as described in division (B) or (F) of section 2923.125 of the Ohio Revised Code and, unless waived, a cashier's check, certified check, or money order in the amount of the applicable license fee or license renewal fee have been submitted. FEES ARE NONREFUNDABLE. 1496

SECTION II.1497

Name:1498

Last First Middle 1499
................ ................ .............. 1500

Social Security Number:......................1501

Residence:1502

Street City State County Zip 1503
............ ............ ............ ........... ............ 1504

Mailing Address (If Different From Above):1505

Street City State Zip 1506
............ ............ ............ .............. 1507

Date of Birth Place of Birth Sex Race Residence Telephone 1508
...../..../.... ............ .... ..... (...)......... 1509

SECTION III. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED YES OR NO1510

(1) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county? .... YES .... NO 1511
(2) Are you at least twenty-one years of age? .... YES .... NO 1512
(3) Are you a fugitive from justice? .... YES .... NO 1513
(4) Are you under indictment for a felony, have you ever been convicted of or pleaded guilty to a felony, or have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult? .... YES .... NO 1514
(5) Are you under indictment for or otherwise charged with, or have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or have you ever been adjudicated a delinquent child for committing an act that would be an offense of that nature if committed by an adult? .... YES .... NO 1515
(6) Are you under indictment for or otherwise charged with, or have you been convicted of or pleaded guilty to within three years of the date of this application, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or have you been adjudicated a delinquent child within three years of the date of this application for committing an act that would be a misdemeanor of that nature if committed by an adult? .... YES .... NO 1516
(7) Are you under indictment for or otherwise charged with, or have you been convicted of or pleaded guilty to within ten years of the date of this application, resisting arrest, or have you been adjudicated a delinquent child for committing, within ten years of the date of this application an act that if committed by an adult would be the offense of resisting arrest? .... YES .... NO 1517
(8)(a) Are you under indictment for or otherwise charged with assault or negligent assault? .... YES .... NO 1518
(b) Have you been convicted of, pleaded guilty to, or adjudicated a delinquent child two or more times for committing assault or negligent assault within five years of the date of this application? .... YES .... NO 1519
(c) Have you ever been convicted of, pleaded guilty to, or adjudicated a delinquent child for assaulting a peace officer? .... YES .... NO 1520
(9)(a)(i) Are you under an adjudication of mental incompetence? .... YES .... NO 1521
(ii) Have you ever been involuntarily hospitalized or institutionalized pursuant to a court order? .... YES .... NO 1522
(b) If the answer to (9)(a)(ii) is "YES," has a psychiatrist certified that the condition is in remission and is not reasonably likely to redevelop at a future time and that you no longer represent a risk of physical harm to others or has the court order been reversed or vacated? .... YES .... NO 1523

SECTION IV.1524

AN APPLICANT WHO KNOWINGLY GIVES A FALSE ANSWER TO ANY QUESTION OR1525
SUBMITS A FALSE DOCUMENT WITH THE APPLICATION MAY BE PROSECUTED1526
FOR FALSIFICATION TO OBTAIN A CONCEALED HANDGUN LICENSE, A FELONY1527
OF THE FIFTH DEGREE, IN VIOLATION OF SECTION 2921.13 OF THE OHIO1528
REVISED CODE.1529

(1) I have been furnished the text of the Ohio firearms laws, and1530
        I am knowledgeable of their provisions.1531

(2) I desire a legal means to carry a concealed handgun for1532
        defense of myself or a member of my family while engaged in1533
        lawful activity.1534

(3) I have never been convicted of or pleaded guilty to a crime of1535
        violence in the state of Ohio or elsewhere. I am of sound1536
        mind. I hereby certify that the statements contained herein1537
        are true and correct to the best of my knowledge and belief.1538
        I understand that if        I        knowingly make any false statements1539
        herein        I        am subject to penalties prescribed by law. I1540
        authorize the sheriff or the sheriff's designee to inspect1541
        only those records or documents relevant to information1542
        required for this application.1543

(4) The information contained in this application and all attached 1544
       documents are true and correct to the best of my knowledge.1545

....................... 1546
Signature of Applicant" 1547


       Sec. 2923.1211.  (A) No person shall alter a license to carry1549
a concealed handgun that was issued pursuant to section 2923.1251550
of the Revised Code or create a fictitious document that purports1551
to be a license of that nature.1552

       (B) No person, except in the performance of official duties,1553
shall possess a concealed handgun license that was issued and that1554
has been revoked or suspended pursuant to section 2923.128 of the1555
Revised Code.1556

       (C) Whoever violates division (A) of this section is guilty1557
of falsification of a concealed handgun license, a felony of the1558
fifth degree. Whoever violates division (B) of this section is1559
guilty of possessing a revoked or suspended concealed handgun1560
license, a misdemeanor of the third degree.1561

       Sec. 2923.1212.  (A) The following persons, boards, and1562
entities, or designees, shall post in the following locations a1563
sign that contains a statement in substantially the following1564
form: "Unless otherwise authorized by law, pursuant to the Ohio1565
Revised Code, no person shall knowingly possess, have under the1566
person's control, convey, or attempt to convey a deadly weapon or1567
dangerous ordnance onto these premises.":1568

       (1) The director of public safety or the person or board1569
charged with the erection, maintenance, or repair of police1570
stations, municipal jails, and the municipal courthouse and1571
courtrooms in a conspicuous location at all police stations,1572
municipal jails, and municipal courthouses and courtrooms;1573

       (2) The sheriff or sheriff's designee who has charge of the1574
sheriff's office in a conspicuous location in that office;1575

       (3) The superintendent of the state highway patrol or the1576
superintendent's designee in a conspicuous location at all state1577
highway patrol stations;1578

       (4) Each sheriff, chief of police, or person in charge of1579
every county, multicounty, municipal, municipal-county, or1580
multicounty-municipal jail or workhouse, community-based1581
correctional facility, halfway house, alternative residential1582
facility, or other local or state correctional institution or1583
detention facility within the state, or that person's designee, in1584
a conspicuous location at that facility under that person's1585
charge;1586

       (5) The board of trustees of a regional airport authority,1587
chief administrative officer of an airport facility, or other1588
person in charge of an airport facility in a conspicuous location1589
at each airport facility under that person's control;1590

       (6) The officer or officer's designee who has charge of a1591
courthouse or the building or structure in which a courtroom is1592
located in a conspicuous location in that building or structure;1593

       (7) The superintendent of the bureau of criminal1594
identification and investigation or the superintendent's designee 1595
in a conspicuous location in all premises controlled by that 1596
bureau.1597

       (B) The following boards, bodies, and persons, or designees,1598
shall post in the following locations a sign that contains a1599
statement in substantially the following form: "Unless otherwise1600
authorized by law, pursuant to Ohio Revised Code section 2923.122,1601
no person shall knowingly possess, have under the person's1602
control, convey, or attempt to convey a deadly weapon or dangerous1603
ordnance into a school safety zone.":1604

       (1) A board of education of a city, local, exempted village,1605
or joint vocational school district or that board's designee in a1606
conspicuous location in each building and on each parcel of real1607
property owned or controlled by the board;1608

       (2) A governing body of a school for which the state board of 1609
education prescribes minimum standards under section 3301.07 of1610
the Revised Code or that body's designee in a conspicuous location1611
in each building and on each parcel of real property owned or1612
controlled by the school;1613

       (3) The principal or chief administrative officer of a1614
nonpublic school in a conspicuous location on property owned or1615
controlled by that nonpublic school.1616

       Sec. 2923.13.  (A) Unless relieved from disability as1617
provided in section 2923.14 of the Revised Code, no person shall1618
knowingly acquire, have, carry, or use any firearm or dangerous1619
ordnance, if any of the following apply:1620

       (1) The person is a fugitive from justice.1621

       (2) The person is under indictment for or has been convicted1622
of any felony offense of violence or has been adjudicated a1623
delinquent child for the commission of an offense that, if1624
committed by an adult, would have been a felony offense of1625
violence.1626

       (3) The person is under indictment for or has been convicted1627
of any offense involving the illegal possession, use, sale,1628
administration, distribution, or trafficking in any drug of abuse1629
or has been adjudicated a delinquent child for the commission of1630
an offense that, if committed by an adult, would have been an1631
offense involving the illegal possession, use, sale,1632
administration, distribution, or trafficking in any drug of abuse.1633

       (4) The person is drug dependent, in danger of drug1634
dependence, or a chronic alcoholic.1635

       (5) The person is under adjudication of mental incompetence.1636

       (B) No person who has been convicted of a felony of the first1637
or second degree shall violate division (A) of this section within1638
five years of the date of the person's release from imprisonment1639
or from post-release control that is imposed for the commission of1640
a felony of the first or second degree.1641

       (C) Whoever violates this section is guilty of having weapons 1642
while under disability. A violation of division (A) of this 1643
section is a felony of the fifth degree. A violation of division 1644
(B) of this section is, a felony of the third degree.1645

       Sec. 2923.16.  (A) No person shall knowingly discharge a1646
firearm while in or on a motor vehicle.1647

       (B) No person shall knowingly transport or have a loaded1648
firearm in a motor vehicle in such a manner that the firearm is1649
accessible to the operator or any passenger without leaving the1650
vehicle.1651

       (C) No person shall knowingly transport or have a firearm in1652
a motor vehicle, unless it is unloaded and is carried in one of1653
the following ways:1654

       (1) In a closed package, box, or case;1655

       (2) In a compartment that can be reached only by leaving the1656
vehicle;1657

       (3) In plain sight and secured in a rack or holder made for1658
the purpose;1659

       (4) In plain sight with the action open or the weapon1660
stripped, or, if the firearm is of a type on which the action will1661
not stay open or which cannot easily be stripped, in plain sight.1662

       (D)(1) This section does not apply to officers, agents, or1663
employees of this or any other state or the United States, or to1664
law enforcement officers, when authorized to carry or have loaded1665
or accessible firearms in motor vehicles and acting within the1666
scope of their duties.1667

       (2) Division (A) of this section does not apply to a person1668
if all of the following circumstances apply:1669

       (a) The person discharges a firearm from a motor vehicle at a1670
coyote or groundhog, the discharge is not during the deer gun1671
hunting season as set by the chief of the division of wildlife of1672
the department of natural resources, and the discharge at the1673
coyote or groundhog, but for the operation of this section, is1674
lawful.1675

       (b) The motor vehicle from which the person discharges the1676
firearm is on real property that is located in an unincorporated1677
area of a township and that either is zoned for agriculture or is1678
used for agriculture.1679

       (c) The person owns the real property described in division1680
(D)(2)(b) of this section, is the spouse or a child of another1681
person who owns that real property, is a tenant of another person1682
who owns that real property, or is the spouse or a child of a1683
tenant of another person who owns that real property.1684

       (d) The person does not discharge the firearm in any of the1685
following manners:1686

       (i) While under the influence of alcohol, a drug of abuse, or 1687
alcohol and a drug of abuse;1688

       (ii) In the direction of a street, highway, or other public1689
or private property used by the public for vehicular traffic or1690
parking;1691

       (iii) At or into an occupied structure that is a permanent or 1692
temporary habitation;1693

       (iv) In the commission of any violation of law, including,1694
but not limited to, a felony that includes, as an essential1695
element, purposely or knowingly causing or attempting to cause the1696
death of or physical harm to another and that was committed by1697
discharging a firearm from a motor vehicle.1698

       (3) Divisions (B) and (C) of this section do not apply to a1699
person if all of the following circumstances apply:1700

       (a) At the time of the alleged violation of either of those1701
divisions, the person is the operator of or a passenger in a motor1702
vehicle.1703

       (b) The motor vehicle is on real property that is located in1704
an unincorporated area of a township and that either is zoned for1705
agriculture or is used for agriculture.1706

       (c) The person owns the real property described in division1707
(D)(3)(b) of this section, is the spouse or a child of another1708
person who owns that real property, is a tenant of another person1709
who owns that real property, or is the spouse or a child of a1710
tenant of another person who owns that real property.1711

       (d) The person, prior to arriving at the real property1712
described in division (D)(3)(b) of this section, did not transport1713
or possess a firearm in the motor vehicle in a manner prohibited1714
by division (B) or (C) of this section while the motor vehicle was1715
being operated on a street, highway, or other public or private1716
property used by the public for vehicular traffic or parking.1717

       (4) Divisions (B) and (C) of this section do not apply to a1718
person who transports or possesses a handgun in a motor vehicle1719
and who, at the time of that transportation or possession, is1720
carrying a valid license to carry a concealed handgun issued to1721
the person under section 2923.125 of the Revised Code, unless the1722
person knowingly is in a place described in division (B) of1723
section 2923.126 of the Revised Code.1724

        (5) Divisions (B) and (C) of this section do not apply to a1725
person who transports a handgun in a motor vehicle if, at the time1726
of the transportation, all of the following apply:1727

        (a) The person did not place the handgun in the motor1728
vehicle.1729

        (b) The person does not possess the handgun on the person's1730
person.1731

        (c) The handgun is owned by a licensee for whom a valid1732
license to carry a concealed handgun has been issued under section1733
2923.125 of the Revised Code.1734

       (E)(1) The affirmative defenses containedauthorized in1735
divisions (C)(1) and, (2),and(5) of section 2923.12 of the1736
Revised Code are affirmative defenses to a charge under division1737
(B) or (C) of this section.1738

       (2) It is an affirmative defense to a charge under division1739
(A) of this section that the offender discharged the firearm in1740
self-defense.1741

       (3)(a) The fact that a person who is prosecuted for a1742
violation of division (B) or (C) of this section is found to have1743
possessed a firearm under an affirmative defense authorized in1744
division (E)(1) of this section shall not be used in a subsequent1745
prosecution of the person for a violation of this section or1746
section 1547.69, 2923.12, 2923.121, 2923.122, or 2923.123 of the1747
Revised Code.1748

        (b) No person who is charged with a violation of division (B) 1749
or (C) of this section shall be required to obtain a license to 1750
carry a concealed handgun under section 2923.125 of the Revised1751
Code as a condition for the dismissal of the charge.1752

       (F) Whoever violates this section is guilty of improperly1753
handling firearms in a motor vehicle. Violation of division (A) or 1754
(B) of this section is a misdemeanor of the first degree.1755
Violation of division (C) of this section is a misdemeanor of the1756
fourth degree.1757

       (G) As used in this section:1758

       (1) "Motor vehicle," "street," and "highway" have the same1759
meanings as in section 4511.01 of the Revised Code.1760

       (2) "Occupied structure" has the same meaning as in section1761
2909.01 of the Revised Code.1762

       (3) "Agriculture" has the same meaning as in section 519.011763
of the Revised Code.1764

       (4) "Tenant" has the same meaning as in section 1531.01 of1765
the Revised Code.1766

       (5) "Unloaded" means, with respect to a firearm employing a1767
percussion cap, flintlock, or other obsolete ignition system, when1768
the weapon is uncapped or when the priming charge is removed from1769
the pan.1770

       Sec. 2929.14.  (A) Except as provided in division (C),1771
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except1772
in relation to an offense for which a sentence of death or life1773
imprisonment is to be imposed, if the court imposing a sentence1774
upon an offender for a felony elects or is required to impose a1775
prison term on the offender pursuant to this chapter and is not1776
prohibited by division (G)(1) of section 2929.13 of the Revised1777
Code from imposing a prison term on the offender, the court shall1778
impose a definite prison term that shall be one of the following:1779

       (1) For a felony of the first degree, the prison term shall1780
be three, four, five, six, seven, eight, nine, or ten years.1781

       (2) For a felony of the second degree, the prison term shall1782
be two, three, four, five, six, seven, or eight years.1783

       (3) For a felony of the third degree, the prison term shall1784
be one, two, three, four, or five years.1785

       (4) For a felony of the fourth degree, the prison term shall1786
be six, seven, eight, nine, ten, eleven, twelve, thirteen,1787
fourteen, fifteen, sixteen, seventeen, or eighteen months.1788

       (5) For a felony of the fifth degree, the prison term shall1789
be six, seven, eight, nine, ten, eleven, or twelve months.1790

       (B) Except as provided in division (C), (D)(1), (D)(2),1791
(D)(3), or (G) of this section, in section 2907.02 of the Revised1792
Code, or in Chapter 2925. of the Revised Code, if the court1793
imposing a sentence upon an offender for a felony elects or is1794
required to impose a prison term on the offender, the court shall1795
impose the shortest prison term authorized for the offense1796
pursuant to division (A) of this section, unless one or more of1797
the following applies:1798

       (1) The offender was serving a prison term at the time of the 1799
offense, or the offender previously had served a prison term.1800

       (2) The court finds on the record that the shortest prison1801
term will demean the seriousness of the offender's conduct or will1802
not adequately protect the public from future crime by the1803
offender or others.1804

       (C) Except as provided in division (G) of this section or in1805
Chapter 2925. of the Revised Code, the court imposing a sentence1806
upon an offender for a felony may impose the longest prison term1807
authorized for the offense pursuant to division (A) of this1808
section only upon offenders who committed the worst forms of the1809
offense, upon offenders who pose the greatest likelihood of1810
committing future crimes, upon certain major drug offenders under1811
division (D)(3) of this section, and upon certain repeat violent1812
offenders in accordance with division (D)(2) of this section.1813

       (D)(1)(a) Except as provided in division (D)(1)(e) of this1814
section, if an offender who is convicted of or pleads guilty to a1815
felony also is convicted of or pleads guilty to a specification of1816
the type described in section 2941.141, 2941.144, or 2941.145 of1817
the Revised Code, the court shall impose on the offender one of1818
the following prison terms:1819

       (i) A prison term of six years if the specification is of the1820
type described in section 2941.144 of the Revised Code that1821
charges the offender with having a firearm that is an automatic1822
firearm or that was equipped with a firearm muffler or silencer on1823
or about the offender's person or under the offender's control1824
while committing the felony;1825

       (ii) A prison term of three years if the specification is of1826
the type described in section 2941.145 of the Revised Code that1827
charges the offender with having a firearm on or about the1828
offender's person or under the offender's control while committing1829
the offense and displaying the firearm, brandishing the firearm,1830
indicating that the offender possessed the firearm, or using it to1831
facilitate the offense;1832

       (iii) A prison term of one year if the specification is of1833
the type described in section 2941.141 of the Revised Code that1834
charges the offender with having a firearm on or about the1835
offender's person or under the offender's control while committing1836
the felony.1837

       (b) If a court imposes a prison term on an offender under1838
division (D)(1)(a) of this section, the prison term shall not be1839
reduced pursuant to section 2929.20, section 2967.193, or any1840
other provision of Chapter 2967. or Chapter 5120. of the Revised1841
Code. A court shall not impose more than one prison term on an1842
offender under division (D)(1)(a) of this section for felonies1843
committed as part of the same act or transaction.1844

       (c) Except as provided in division (D)(1)(e) of this section, 1845
if an offender who is convicted of or pleads guilty to a violation 1846
of section 2923.161 of the Revised Code or to a felony that 1847
includes, as an essential element, purposely or knowingly causing 1848
or attempting to cause the death of or physical harm to another,1849
also is convicted of or pleads guilty to a specification of the1850
type described in section 2941.146 of the Revised Code that1851
charges the offender with committing the offense by discharging a1852
firearm from a motor vehicle other than a manufactured home, the1853
court, after imposing a prison term on the offender for the1854
violation of section 2923.161 of the Revised Code or for the other1855
felony offense under division (A), (D)(2), or (D)(3) of this1856
section, shall impose an additional prison term of five years upon1857
the offender that shall not be reduced pursuant to section1858
2929.20, section 2967.193, or any other provision of Chapter 2967.1859
or Chapter 5120. of the Revised Code. A court shall not impose1860
more than one additional prison term on an offender under division1861
(D)(1)(c) of this section for felonies committed as part of the1862
same act or transaction. If a court imposes an additional prison1863
term on an offender under division (D)(1)(c) of this section1864
relative to an offense, the court also shall impose a prison term1865
under division (D)(1)(a) of this section relative to the same1866
offense, provided the criteria specified in that division for1867
imposing an additional prison term are satisfied relative to the1868
offender and the offense.1869

       (d) If an offender who is convicted of or pleads guilty to an 1870
offense of violence that is a felony also is convicted of or1871
pleads guilty to a specification of the type described in section1872
2941.1411 of the Revised Code that charges the offender with1873
wearing or carrying body armor while committing the felony offense1874
of violence, the court shall impose on the offender a prison term1875
of two years. The prison term so imposed shall not be reduced1876
pursuant to section 2929.20, section 2967.193, or any other1877
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 1878
court shall not impose more than one prison term on an offender1879
under division (D)(1)(d) of this section for felonies committed as1880
part of the same act or transaction. If a court imposes an1881
additional prison term under division (D)(1)(a) or (c) of this1882
section, the court is not precluded from imposing an additional1883
prison term under division (D)(1)(d) of this section.1884

       (e) The court shall not impose any of the prison terms1885
described in division (D)(1)(a) of this section or any of the1886
additional prison terms described in division (D)(1)(c) of this1887
section upon an offender for a violation of section 2923.12 or1888
2923.123 of the Revised Code. The court shall not impose any of1889
the prison terms described in division (D)(1)(a) of this section1890
or any of the additional prison terms described in division1891
(D)(1)(c) of this section upon an offender for a violation of1892
section 2923.13 of the Revised Code unless all of the following1893
apply:1894

       (i) The offender previously has been convicted of aggravated1895
murder, murder, or any felony of the first or second degree.1896

       (ii) Less than five years have passed since the offender was1897
released from prison or post-release control, whichever is later,1898
for the prior offense.1899

       (2)(a) If an offender who is convicted of or pleads guilty to 1900
a felony also is convicted of or pleads guilty to a specification 1901
of the type described in section 2941.149 of the Revised Code that 1902
the offender is a repeat violent offender, the court shall impose 1903
a prison term from the range of terms authorized for the offense1904
under division (A) of this section that may be the longest term in 1905
the range and that shall not be reduced pursuant to section 1906
2929.20, section 2967.193, or any other provision of Chapter 2967. 1907
or Chapter 5120. of the Revised Code. If the court finds that the1908
repeat violent offender, in committing the offense, caused any1909
physical harm that carried a substantial risk of death to a person 1910
or that involved substantial permanent incapacity or substantial 1911
permanent disfigurement of a person, the court shall impose the 1912
longest prison term from the range of terms authorized for the1913
offense under division (A) of this section.1914

       (b) If the court imposing a prison term on a repeat violent1915
offender imposes the longest prison term from the range of terms1916
authorized for the offense under division (A) of this section, the1917
court may impose on the offender an additional definite prison1918
term of one, two, three, four, five, six, seven, eight, nine, or1919
ten years if the court finds that both of the following apply with1920
respect to the prison terms imposed on the offender pursuant to1921
division (D)(2)(a) of this section and, if applicable, divisions1922
(D)(1) and (3) of this section:1923

       (i) The terms so imposed are inadequate to punish the1924
offender and protect the public from future crime, because the1925
applicable factors under section 2929.12 of the Revised Code1926
indicating a greater likelihood of recidivism outweigh the1927
applicable factors under that section indicating a lesser1928
likelihood of recidivism.1929

       (ii) The terms so imposed are demeaning to the seriousness of 1930
the offense, because one or more of the factors under section1931
2929.12 of the Revised Code indicating that the offender's conduct1932
is more serious than conduct normally constituting the offense are1933
present, and they outweigh the applicable factors under that1934
section indicating that the offender's conduct is less serious1935
than conduct normally constituting the offense.1936

       (3)(a) Except when an offender commits a violation of section 1937
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 1938
the violation is life imprisonment or commits a violation of 1939
section 2903.02 of the Revised Code, if the offender commits a 1940
violation of section 2925.03 or 2925.11 of the Revised Code and 1941
that section classifies the offender as a major drug offender and 1942
requires the imposition of a ten-year prison term on the offender, 1943
if the offender commits a felony violation of section 2925.02,1944
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 1945
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 1946
division (C) of section 4729.51, or division (J) of section 1947
4729.54 of the Revised Code that includes the sale, offer to sell,1948
or possession of a schedule I or II controlled substance, with the 1949
exception of marihuana, and the court imposing sentence upon the 1950
offender finds that the offender is guilty of a specification of 1951
the type described in section 2941.1410 of the Revised Code 1952
charging that the offender is a major drug offender, if the court 1953
imposing sentence upon an offender for a felony finds that the 1954
offender is guilty of corrupt activity with the most serious 1955
offense in the pattern of corrupt activity being a felony of the 1956
first degree, or if the offender is guilty of an attempted1957
violation of section 2907.02 of the Revised Code and, had the1958
offender completed the violation of section 2907.02 of the Revised1959
Code that was attempted, the offender would have been subject to a1960
sentence of life imprisonment or life imprisonment without parole1961
for the violation of section 2907.02 of the Revised Code, the1962
court shall impose upon the offender for the felony violation a1963
ten-year prison term that cannot be reduced pursuant to section1964
2929.20 or Chapter 2967. or 5120. of the Revised Code.1965

       (b) The court imposing a prison term on an offender under1966
division (D)(3)(a) of this section may impose an additional prison1967
term of one, two, three, four, five, six, seven, eight, nine, or1968
ten years, if the court, with respect to the term imposed under1969
division (D)(3)(a) of this section and, if applicable, divisions1970
(D)(1) and (2) of this section, makes both of the findings set1971
forth in divisions (D)(2)(b)(i) and (ii) of this section.1972

       (4) If the offender is being sentenced for a third or fourth1973
degree felony OMVI offense under division (G)(2) of section1974
2929.13 of the Revised Code, the sentencing court shall impose1975
upon the offender a mandatory prison term in accordance with that1976
division. In addition to the mandatory prison term, the sentencing 1977
court may sentence the offender to an additional prison term of 1978
any duration specified in division (A)(3) of this section minus 1979
the sixty or one hundred twenty days imposed upon the offender as 1980
the mandatory prison term. The total of the additional prison term 1981
imposed under division (D)(4) of this section plus the sixty or 1982
one hundred twenty days imposed as the mandatory prison term shall 1983
equal one of the authorized prison terms specified in division 1984
(A)(3) of this section. If the court imposes an additional prison 1985
term under division (D)(4) of this section, the offender shall 1986
serve the additional prison term after the offender has served the 1987
mandatory prison term required for the offense. The court shall 1988
not sentence the offender to a community control sanction under1989
section 2929.16 or 2929.17 of the Revised Code.1990

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 1991
mandatory prison term is imposed upon an offender pursuant to1992
division (D)(1)(a) of this section for having a firearm on or1993
about the offender's person or under the offender's control while1994
committing a felony, if a mandatory prison term is imposed upon an1995
offender pursuant to division (D)(1)(c) of this section for1996
committing a felony specified in that division by discharging a1997
firearm from a motor vehicle, or if both types of mandatory prison1998
terms are imposed, the offender shall serve any mandatory prison1999
term imposed under either division consecutively to any other2000
mandatory prison term imposed under either division or under2001
division (D)(1)(d) of this section, consecutively to and prior to2002
any prison term imposed for the underlying felony pursuant to2003
division (A), (D)(2), or (D)(3) of this section or any other2004
section of the Revised Code, and consecutively to any other prison2005
term or mandatory prison term previously or subsequently imposed2006
upon the offender.2007

       (b) If a mandatory prison term is imposed upon an offender2008
pursuant to division (D)(1)(d) of this section for wearing or2009
carrying body armor while committing an offense of violence that2010
is a felony, the offender shall serve the mandatory term so2011
imposed consecutively to any other mandatory prison term imposed2012
under that division or under division (D)(1)(a) or (c) of this2013
section, consecutively to and prior to any prison term imposed for2014
the underlying felony under division (A), (D)(2), or (D)(3) of2015
this section or any other section of the Revised Code, and2016
consecutively to any other prison term or mandatory prison term2017
previously or subsequently imposed upon the offender.2018

       (2) If an offender who is an inmate in a jail, prison, or2019
other residential detention facility violates section 2917.02,2020
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender2021
who is under detention at a detention facility commits a felony2022
violation of section 2923.131 of the Revised Code, or if an2023
offender who is an inmate in a jail, prison, or other residential2024
detention facility or is under detention at a detention facility2025
commits another felony while the offender is an escapee in2026
violation of section 2921.34 of the Revised Code, any prison term2027
imposed upon the offender for one of those violations shall be2028
served by the offender consecutively to the prison term or term of2029
imprisonment the offender was serving when the offender committed2030
that offense and to any other prison term previously or2031
subsequently imposed upon the offender.2032

       (3) If a prison term is imposed for a violation of division2033
(B) of section 2911.01 of the Revised Code, a violation of 2034
division (A) of section 2913.02 of the Revised Code in which the 2035
stolen property is a firearm or dangerous ordnance, or if a prison 2036
term is imposed for a felony violation of division (B) of section 2037
2921.331 of the Revised Code, the offender shall serve that prison 2038
term consecutively to any other prison term or mandatory prison 2039
term previously or subsequently imposed upon the offender.2040

       (4) If multiple prison terms are imposed on an offender for2041
convictions of multiple offenses, the court may require the2042
offender to serve the prison terms consecutively if the court2043
finds that the consecutive service is necessary to protect the2044
public from future crime or to punish the offender and that2045
consecutive sentences are not disproportionate to the seriousness2046
of the offender's conduct and to the danger the offender poses to2047
the public, and if the court also finds any of the following:2048

       (a) The offender committed one or more of the multiple2049
offenses while the offender was awaiting trial or sentencing, was2050
under a sanction imposed pursuant to section 2929.16, 2929.17, or2051
2929.18 of the Revised Code, or was under post-release control for2052
a prior offense.2053

       (b) At least two of the multiple offenses were committed as2054
part of one or more courses of conduct, and the harm caused by two2055
or more of the multiple offenses so committed was so great or2056
unusual that no single prison term for any of the offenses2057
committed as part of any of the courses of conduct adequately2058
reflects the seriousness of the offender's conduct.2059

       (c) The offender's history of criminal conduct demonstrates2060
that consecutive sentences are necessary to protect the public2061
from future crime by the offender.2062

       (5) When consecutive prison terms are imposed pursuant to2063
division (E)(1), (2), (3), or (4) of this section, the term to be2064
served is the aggregate of all of the terms so imposed.2065

       (F) If a court imposes a prison term of a type described in2066
division (B) of section 2967.28 of the Revised Code, it shall2067
include in the sentence a requirement that the offender be subject2068
to a period of post-release control after the offender's release2069
from imprisonment, in accordance with that division. If a court2070
imposes a prison term of a type described in division (C) of that2071
section, it shall include in the sentence a requirement that the2072
offender be subject to a period of post-release control after the2073
offender's release from imprisonment, in accordance with that2074
division, if the parole board determines that a period of2075
post-release control is necessary.2076

       (G) If a person is convicted of or pleads guilty to a2077
sexually violent offense and also is convicted of or pleads guilty2078
to a sexually violent predator specification that was included in2079
the indictment, count in the indictment, or information charging2080
that offense, the court shall impose sentence upon the offender in2081
accordance with section 2971.03 of the Revised Code, and Chapter2082
2971. of the Revised Code applies regarding the prison term or2083
term of life imprisonment without parole imposed upon the offender2084
and the service of that term of imprisonment.2085

       (H) If a person who has been convicted of or pleaded guilty2086
to a felony is sentenced to a prison term or term of imprisonment2087
under this section, sections 2929.02 to 2929.06 of the Revised2088
Code, section 2971.03 of the Revised Code, or any other provision2089
of law, section 5120.163 of the Revised Code applies regarding the2090
person while the person is confined in a state correctional2091
institution.2092

       (I) If an offender who is convicted of or pleads guilty to a2093
felony that is an offense of violence also is convicted of or2094
pleads guilty to a specification of the type described in section2095
2941.142 of the Revised Code that charges the offender with having2096
committed the felony while participating in a criminal gang, the2097
court shall impose upon the offender an additional prison term of2098
one, two, or three years.2099

       (J) If an offender who is convicted of or pleads guilty to2100
aggravated murder, murder, or a felony of the first, second, or2101
third degree that is an offense of violence also is convicted of2102
or pleads guilty to a specification of the type described in2103
section 2941.143 of the Revised Code that charges the offender2104
with having committed the offense in a school safety zone or2105
towards a person in a school safety zone, the court shall impose2106
upon the offender an additional prison term of two years. The2107
offender shall serve the additional two years consecutively to and2108
prior to the prison term imposed for the underlying offense.2109

       (K) At the time of sentencing, the court may recommend the2110
offender for placement in a program of shock incarceration under2111
section 5120.031 of the Revised Code or for placement in an2112
intensive program prison under section 5120.032 of the Revised2113
Code, disapprove placement of the offender in a program of shock2114
incarceration or an intensive program prison of that nature, or2115
make no recommendation on placement of the offender. In no case2116
shall the department of rehabilitation and correction place the2117
offender in a program or prison of that nature unless the2118
department determines as specified in section 5120.031 or 5120.0322119
of the Revised Code, whichever is applicable, that the offender is2120
eligible for the placement.2121

       If the court disapproves placement of the offender in a2122
program or prison of that nature, the department of rehabilitation2123
and correction shall not place the offender in any program of2124
shock incarceration or intensive program prison.2125

       If the court recommends placement of the offender in a2126
program of shock incarceration or in an intensive program prison, 2127
and if the offender is subsequently placed in the recommended2128
program or prison, the department shall notify the court of the2129
placement and shall include with the notice a brief description of2130
the placement.2131

       If the court recommends placement of the offender in a2132
program of shock incarceration or in an intensive program prison2133
and the department does not subsequently place the offender in the2134
recommended program or prison, the department shall send a notice2135
to the court indicating why the offender was not placed in the2136
recommended program or prison.2137

       If the court does not make a recommendation under this2138
division with respect to an offender and if the department2139
determines as specified in section 5120.031 or 5120.032 of the2140
Revised Code, whichever is applicable, that the offender is2141
eligible for placement in a program or prison of that nature, the2142
department shall screen the offender and determine if there is an2143
available program of shock incarceration or an intensive program2144
prison for which the offender is suited. If there is an available2145
program of shock incarceration or an intensive program prison for2146
which the offender is suited, the department shall notify the2147
court of the proposed placement of the offender as specified in2148
section 5120.031 or 5120.032 of the Revised Code and shall include2149
with the notice a brief description of the placement. The court2150
shall have ten days from receipt of the notice to disapprove the2151
placement.2152

       Sec. 2953.32.  (A)(1) Except as provided in section 2953.612153
of the Revised Code, a first offender may apply to the sentencing2154
court if convicted in this state, or to a court of common pleas if2155
convicted in another state or in a federal court, for the sealing2156
of the conviction record. Application may be made at the2157
expiration of three years after the offender's final discharge if2158
convicted of a felony, or at the expiration of one year after the2159
offender's final discharge if convicted of a misdemeanor.2160

       (2) Any person who has been arrested for any misdemeanor2161
offense and who has effected a bail forfeiture may apply to the2162
court in which the misdemeanor criminal case was pending when bail2163
was forfeited for the sealing of the record of the case. Except as 2164
provided in section 2953.61 of the Revised Code, the application 2165
may be filed at any time after the expiration of one year from the 2166
date on which the bail forfeiture was entered upon the minutes of 2167
the court or the journal, whichever entry occurs first.2168

       (B) Upon the filing of an application under this section, the 2169
court shall set a date for a hearing and shall notify the2170
prosecutor for the case of the hearing on the application. The2171
prosecutor may object to the granting of the application by filing2172
an objection with the court prior to the date set for the hearing.2173
The prosecutor shall specify in the objection the reasons for2174
believing a denial of the application is justified. The court2175
shall direct its regular probation officer, a state probation2176
officer, or the department of probation of the county in which the2177
applicant resides to make inquiries and written reports as the2178
court requires concerning the applicant.2179

       (C)(1) The court shall do each of the following:2180

       (a) Determine whether the applicant is a first offender or2181
whether the forfeiture of bail was agreed to by the applicant and2182
the prosecutor in the case. If the applicant applies as a first2183
offender pursuant to division (A)(1) of this section and has two2184
or three convictions that result from the same indictment,2185
information, or complaint, from the same plea of guilty, or from2186
the same official proceeding, and result from related criminal2187
acts that were committed within a three-month period but do not2188
result from the same act or from offenses committed at the same2189
time, in making its determination under this division, the court2190
initially shall determine whether it is not in the public interest2191
for the two or three convictions to be counted as one conviction.2192
If the court determines that it is not in the public interest for2193
the two or three convictions to be counted as one conviction, the2194
court shall determine that the applicant is not a first offender;2195
if the court does not make that determination, the court shall2196
determine that the offender is a first offender.2197

       (b) Determine whether criminal proceedings are pending2198
against the applicant;2199

       (c) If the applicant is a first offender who applies pursuant 2200
to division (A)(1) of this section, determine whether the2201
applicant has been rehabilitated to the satisfaction of the court;2202

       (d) If the prosecutor has filed an objection in accordance2203
with division (B) of this section, consider the reasons against2204
granting the application specified by the prosecutor in the2205
objection;2206

       (e) Weigh the interests of the applicant in having the2207
records pertaining to the applicant's conviction sealed against2208
the legitimate needs, if any, of the government to maintain those2209
records.2210

       (2) If the court determines, after complying with division2211
(C)(1) of this section, that the applicant is a first offender or2212
the subject of a bail forfeiture, that no criminal proceeding is2213
pending against the applicant, and that the interests of the2214
applicant in having the records pertaining to the applicant's2215
conviction or bail forfeiture sealed are not outweighed by any2216
legitimate governmental needs to maintain those records, and that2217
the rehabilitation of an applicant who is a first offender2218
applying pursuant to division (A)(1) of this section has been2219
attained to the satisfaction of the court, the court, except as2220
provided in division (G) of this section, shall order all official2221
records pertaining to the case sealed and, except as provided in2222
division (F) of this section, all index references to the case2223
deleted and, in the case of bail forfeitures, shall dismiss the2224
charges in the case. The proceedings in the case shall be2225
considered not to have occurred and the conviction or bail2226
forfeiture of the person who is the subject of the proceedings2227
shall be sealed, except that upon conviction of a subsequent2228
offense, the sealed record of prior conviction or bail forfeiture2229
may be considered by the court in determining the sentence or2230
other appropriate disposition, including the relief provided for2231
in sections 2953.31 to 2953.33 of the Revised Code.2232

       (3) Upon the filing of an application under this section, the 2233
applicant, unless indigent, shall pay a fee of fifty dollars. The 2234
court shall pay thirty dollars of the fee into the state treasury. 2235
It shall pay twenty dollars of the fee into the county general 2236
revenue fund if the sealed conviction or bail forfeiture was 2237
pursuant to a state statute, or into the general revenue fund of 2238
the municipal corporation involved if the sealed conviction or2239
bail forfeiture was pursuant to a municipal ordinance.2240

       (D) Inspection of the sealed records included in the order2241
may be made only by the following persons or for the following2242
purposes:2243

       (1) By a law enforcement officer or prosecutor, or the2244
assistants of either, to determine whether the nature and2245
character of the offense with which a person is to be charged2246
would be affected by virtue of the person's previously having been2247
convicted of a crime;2248

       (2) By the parole or probation officer of the person who is2249
the subject of the records, for the exclusive use of the officer2250
in supervising the person while on parole or probation and in2251
making inquiries and written reports as requested by the court or2252
adult parole authority;2253

       (3) Upon application by the person who is the subject of the2254
records, by the persons named in the application;2255

       (4) By a law enforcement officer who was involved in the2256
case, for use in the officer's defense of a civil action arising2257
out of the officer's involvement in that case;2258

       (5) By a prosecuting attorney or the prosecuting attorney's2259
assistants to determine a defendant's eligibility to enter a2260
pre-trial diversion program established pursuant to section2261
2935.36 of the Revised Code;2262

       (6) By any law enforcement agency or any authorized employee2263
of a law enforcement agency or by the department of rehabilitation2264
and correction as part of a background investigation of a person2265
who applies for employment with the agency as a law enforcement2266
officer or with the department as a corrections officer;2267

       (7) By any law enforcement agency or any authorized employee2268
of a law enforcement agency, for the purposes set forth in, and in2269
the manner provided in, section 2953.321 of the Revised Code;2270

       (8) By the bureau of criminal identification and2271
investigation or any authorized employee of the bureau for the2272
purpose of providing information to a board or person pursuant to2273
division (F) or (G) of section 109.57 of the Revised Code;2274

       (9) By the bureau of criminal identification and2275
investigation or any authorized employee of the bureau for the2276
purpose of performing a criminal history records check on a person2277
to whom a certificate as prescribed in section 109.77 of the2278
Revised Code is to be awarded;2279

       (10) By the bureau of criminal identification and2280
investigation, an authorized employee of the bureau, a sheriff, or2281
an authorized employee of the sheriff in connection with a2282
criminal records check described in section 311.41 of the Revised2283
Code.2284

       When the nature and character of the offense with which a2285
person is to be charged would be affected by the information, it2286
may be used for the purpose of charging the person with an2287
offense.2288

       (E) In any criminal proceeding, proof of any otherwise2289
admissible prior conviction may be introduced and proved,2290
notwithstanding the fact that for any such prior conviction an2291
order of sealing previously was issued pursuant to sections2292
2953.31 to 2953.36 of the Revised Code.2293

       (F) The person or governmental agency, office, or department2294
that maintains sealed records pertaining to convictions or bail2295
forfeitures that have been sealed pursuant to this section may2296
maintain a manual or computerized index to the sealed records. The2297
index shall contain only the name of, and alphanumeric identifiers2298
that relate to, the persons who are the subject of the sealed2299
records, the word "sealed," and the name of the person, agency,2300
office, or department that has custody of the sealed records, and2301
shall not contain the name of the crime committed. The index shall2302
be made available by the person who has custody of the sealed2303
records only for the purposes set forth in divisions (C), (D), and2304
(E) of this section.2305

       (G) Notwithstanding any provision of this section or section2306
2953.33 of the Revised Code that requires otherwise, a board of2307
education of a city, local, exempted village, or joint vocational2308
school district that maintains records of an individual who has2309
been permanently excluded under sections 3301.121 and 3313.662 of2310
the Revised Code is permitted to maintain records regarding a2311
conviction that was used as the basis for the individual's2312
permanent exclusion, regardless of a court order to seal the2313
record. An order issued under this section to seal the record of a 2314
conviction does not revoke the adjudication order of the2315
superintendent of public instruction to permanently exclude the2316
individual who is the subject of the sealing order. An order2317
issued under this section to seal the record of a conviction of an2318
individual may be presented to a district superintendent as2319
evidence to support the contention that the superintendent should2320
recommend that the permanent exclusion of the individual who is2321
the subject of the sealing order be revoked. Except as otherwise2322
authorized by this division and sections 3301.121 and 3313.662 of2323
the Revised Code, any school employee in possession of or having2324
access to the sealed conviction records of an individual that were2325
the basis of a permanent exclusion of the individual is subject to2326
section 2953.35 of the Revised Code.2327

       Sec. 4749.10.  (A) No class A, B, or C licensee and no2328
registered employee of a class A, B, or C licensee shall carry a2329
firearm, as defined in section 2923.11 of the Revised Code, in the2330
course of engaging in the business of private investigation, the2331
business of security services, or both businesses, unless all of2332
the following apply:2333

       (1) The licensee or employee either has successfully2334
completed a basic firearm training program at a training school2335
approved by the Ohio peace officer training commission, which2336
program includes twenty hours of training in handgun use and, if2337
any firearm other than a handgun is to be used, five hours of2338
training in the use of other firearms, and has received a2339
certificate of satisfactory completion of that program from the2340
executive director of the commission; the licensee or employee2341
has, within three years prior to the effective date of this2342
sectionNovember 27, 1985, satisfactorily completed firearms 2343
training that has been approved by the commission as being 2344
equivalent to such a program and has received written evidence of 2345
approval of that training from the executive director of the 2346
commission; or the licensee or employee is a former peace officer, 2347
as defined in section 109.71 of the Revised Code, who previously 2348
had successfully completed a firearms training course at a 2349
training school approved by the Ohio peace officer training 2350
commission and has received a certificate or other evidence of 2351
satisfactory completion of that course from the executive director 2352
of the commission.2353

       (2) The licensee or employee submits an application to the2354
director of commerce, on a form prescribed by the director, in2355
which the licensee or employee requests registration as a class A,2356
B, or C licensee or employee who may carry a firearm. The2357
application shall be accompanied by a copy of the certificate or2358
the written evidence or other evidence described in division2359
(A)(1) of this section, the identification card issued pursuant to2360
section 4749.03 or 4749.06 of the Revised Code if one has2361
previously been issued, a statement of the duties that will be2362
performed while the licensee or employee is armed, and a fee of2363
ten dollars. In the case of a registered employee, the statement2364
shall be prepared by the employing class A, B, or C licensee.2365

       (3) The licensee or employee receives a notation on the2366
licensee's or employee's identification card that the licensee or2367
employee is a firearm-bearer and carries the identification card2368
whenever the licensee or employee carries a firearm in the course2369
of engaging in the business of private investigation, the business2370
of security services, or both businesses.2371

       (4) At any time within the immediately preceding twelve-month 2372
period, the licensee or employee has requalified in firearms use 2373
on a firearms training range at a firearms requalification program2374
certified by the Ohio peace officer training commission or on a2375
firearms training range under the supervision of an instructor2376
certified by the commission and has received a certificate of2377
satisfactory requalification from the certified program or2378
certified instructor, provided that this division does not apply2379
to any licensee or employee prior to the expiration of eighteen2380
months after the licensee's or employee's completion of the2381
program described in division (A)(1) of this section. A2382
certificate of satisfactory requalification is valid and remains2383
in effect for twelve months from the date of the requalification.2384

       (5) If division (A)(4) of this section applies to the2385
licensee or employee, the licensee or employee carries the2386
certificate of satisfactory requalification that then is in effect2387
or any other evidence of requalification issued or provided by the2388
director.2389

       (B)(1) The director of commerce shall register an applicant2390
under division (A) of this section who satisfies divisions (A)(1)2391
and (2) of this section, and place a notation on the applicant's2392
identification card indicating that the applicant is a2393
firearm-bearer and the date on which the applicant completed the2394
program described in division (A)(1) of this section.2395

       (2) A firearms requalification training program or instructor 2396
certified by the commission for the annual requalification of 2397
class A, B, or C licensees or employees who are authorized to 2398
carry a firearm under section 4749.10 of the Revised Code shall 2399
award a certificate of satisfactory requalification to each class 2400
A, B, or C licensee or registered employee of a class A, B, or C 2401
licensee who satisfactorily requalifies in firearms training. The 2402
certificate shall identify the licensee or employee and indicate 2403
the date of the requalification. A licensee or employee who 2404
receives such a certificate shall submit a copy of it to the 2405
director of commerce. A licensee shall submit the copy of the2406
requalification certificate at the same time that the licensee2407
makes application for renewal of the licensee's class A, B, or C2408
license. The director shall keep a record of all copies of2409
requalification certificates the director receives under this2410
division and shall establish a procedure for the updating of2411
identification cards to provide evidence of compliance with the2412
annual requalification requirement. The procedure for the updating 2413
of identification cards may provide for the issuance of a new card 2414
containing the evidence, the entry of a new notation containing 2415
the evidence on the existing card, the issuance of a separate card 2416
or paper containing the evidence, or any other procedure 2417
determined by the director to be reasonable. Each person who is 2418
issued a requalification certificate under this division promptly 2419
shall pay to the Ohio peace officer training commission2420
established by section 109.71 of the Revised Code a fee of five 2421
dollars, which fee shall be transmitted to the treasurer of state 2422
for deposit in the peace officer private security fund established 2423
by section 109.78 of the Revised Code.2424

       (C) Nothing in this section prohibits a private investigator2425
or a security guard provider from carrying a concealed handgun if2426
the private inestigator or security guard provider complies with2427
sections 2923.124 to 2923.1212 of the Revised Code.2428

       Section 2.  That existing sections 1547.69, 2911.21, 2913.02, 2429
2921.13, 2923.12, 2923.121, 2923.122, 2923.123, 2923.13, 2923.16, 2430
2929.14, 2953.32, and 4749.10 of the Revised Code are hereby2431
repealed.2432

       Section 3.  That the versions of sections 2923.122 and2433
2929.14 of the Revised Code that are scheduled to take effect2434
January 1, 2004, be amended to read as follows:2435

       Sec. 2923.122.  (A) No person shall knowingly convey, or2436
attempt to convey, a deadly weapon or dangerous ordnance into a2437
school safety zone.2438

       (B) No person shall knowingly possess a deadly weapon or2439
dangerous ordnance in a school safety zone.2440

       (C) No person shall knowingly possess an object in a school2441
safety zone if both of the following apply:2442

       (1) The object is indistinguishable from a firearm, whether2443
or not the object is capable of being fired.2444

       (2) The person indicates that the person possesses the object 2445
and that it is a firearm, or the person knowingly displays or 2446
brandishes the object and indicates that it is a firearm.2447

       (D) This section does not apply to officers, agents, or2448
employees of this or any other state or the United States, or to2449
law enforcement officers, authorized to carry deadly weapons or2450
dangerous ordnance and acting within the scope of their duties, to2451
any security officer employed by a board of education or governing2452
body of a school during the time that the security officer is on2453
duty pursuant to that contract of employment, or to any other2454
person who has written authorization from the board of education2455
or governing body of a school to convey deadly weapons or2456
dangerous ordnance into a school safety zone or to possess a2457
deadly weapon or dangerous ordnance in a school safety zone and2458
who conveys or possesses the deadly weapon or dangerous ordnance2459
in accordance with that authorization.2460

       Division (C) of this section does not apply to premises upon2461
which home schooling is conducted. Division (C) of this section2462
also does not apply to a school administrator, teacher, or2463
employee who possesses an object that is indistinguishable from a2464
firearm for legitimate school purposes during the course of2465
employment, a student who uses an object that is indistinguishable2466
from a firearm under the direction of a school administrator,2467
teacher, or employee, or any other person who with the express2468
prior approval of a school administrator possesses an object that2469
is indistinguishable from a firearm for a legitimate purpose,2470
including the use of the object in a ceremonial activity, a play,2471
reenactment, or other dramatic presentation, or a ROTC activity or2472
another similar use of the object.2473

       This section does not apply to a person who, at the time of 2474
conveying or attempting to convey a handgun into, or possessing a 2475
handgun in, a school safety zone, is carrying a valid license to 2476
carry a concealed handgun issued to the person under section 2477
2923.125 of the Revised Code and is in the school safety zone in 2478
accordance with 18 U.S.C. 922(q)(2)(B), unless the person 2479
knowingly is in a place described in division (B) of section 2480
2923.126 of the Revised Code.2481

       (E)(1) Whoever violates division (A) or (B) of this section2482
is guilty of illegal conveyance or possession of a deadly weapon2483
or dangerous ordnance in a school safety zone. Except as otherwise 2484
provided in this division, illegal conveyance or possession of a 2485
deadly weapon or dangerous ordnance in a school safety zone is a 2486
felony of the fifth degree. If the offender previously has been 2487
convicted of a violation of this section, illegal conveyance or 2488
possession of a deadly weapon or dangerous ordnance in a school 2489
safety zone is a felony of the fourth degree.2490

       (2) Whoever violates division (C) of this section is guilty2491
of illegal possession of an object indistinguishable from a2492
firearm in a school safety zone. Except as otherwise provided in2493
this division, illegal possession of an object indistinguishable2494
from a firearm in a school safety zone is a misdemeanor of the2495
first degree. If the offender previously has been convicted of a2496
violation of this section, illegal possession of an object2497
indistinguishable from a firearm in a school safety zone is a2498
felony of the fifth degree.2499

       (F)(1) In addition to any other penalty imposed upon a person 2500
who is convicted of or pleads guilty to a violation of this2501
section and subject to division (F)(2) of this section, if the2502
offender has not attained nineteen years of age, regardless of2503
whether the offender is attending or is enrolled in a school2504
operated by a board of education or for which the state board of2505
education prescribes minimum standards under section 3301.07 of2506
the Revised Code, the court shall impose upon the offender a class2507
four suspension of the offender's probationary driver's license,2508
restricted license, driver's license, commercial driver's license,2509
temporary instruction permit, or probationary commercial driver's2510
license that then is in effect from the range specified in2511
division (A)(4) of section 4510.02 of the Revised Code and shall2512
deny the offender the issuance of any permit or license of that 2513
type during the period of the suspension.2514

       If the offender is not a resident of this state, the court2515
shall impose a class four suspension of the nonresident operating2516
privilege of the offender from the range specified in division2517
(A)(4) of section 4510.02 of the Revised Code.2518

       (2) If the offender shows good cause why the court should not 2519
suspend one of the types of licenses, permits, or privileges2520
specified in division (F)(1) of this section or deny the issuance2521
of one of the temporary instruction permits specified in that2522
division, the court in its discretion may choose not to impose the2523
suspension, revocation, or denial required in that division.2524

       (G) As used in this section, "object that is2525
indistinguishable from a firearm" means an object made,2526
constructed, or altered so that, to a reasonable person without2527
specialized training in firearms, the object appears to be a2528
firearm.2529

       Sec. 2929.14.  (A) Except as provided in division (C),2530
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except2531
in relation to an offense for which a sentence of death or life2532
imprisonment is to be imposed, if the court imposing a sentence2533
upon an offender for a felony elects or is required to impose a2534
prison term on the offender pursuant to this chapter and is not2535
prohibited by division (G)(1) of section 2929.13 of the Revised2536
Code from imposing a prison term on the offender, the court shall2537
impose a definite prison term that shall be one of the following:2538

       (1) For a felony of the first degree, the prison term shall2539
be three, four, five, six, seven, eight, nine, or ten years.2540

       (2) For a felony of the second degree, the prison term shall2541
be two, three, four, five, six, seven, or eight years.2542

       (3) For a felony of the third degree, the prison term shall2543
be one, two, three, four, or five years.2544

       (4) For a felony of the fourth degree, the prison term shall2545
be six, seven, eight, nine, ten, eleven, twelve, thirteen,2546
fourteen, fifteen, sixteen, seventeen, or eighteen months.2547

       (5) For a felony of the fifth degree, the prison term shall2548
be six, seven, eight, nine, ten, eleven, or twelve months.2549

       (B) Except as provided in division (C), (D)(1), (D)(2),2550
(D)(3), or (G) of this section, in section 2907.02 of the Revised2551
Code, or in Chapter 2925. of the Revised Code, if the court2552
imposing a sentence upon an offender for a felony elects or is2553
required to impose a prison term on the offender, the court shall2554
impose the shortest prison term authorized for the offense2555
pursuant to division (A) of this section, unless one or more of2556
the following applies:2557

       (1) The offender was serving a prison term at the time of the 2558
offense, or the offender previously had served a prison term.2559

       (2) The court finds on the record that the shortest prison2560
term will demean the seriousness of the offender's conduct or will2561
not adequately protect the public from future crime by the2562
offender or others.2563

       (C) Except as provided in division (G) of this section or in2564
Chapter 2925. of the Revised Code, the court imposing a sentence2565
upon an offender for a felony may impose the longest prison term2566
authorized for the offense pursuant to division (A) of this2567
section only upon offenders who committed the worst forms of the2568
offense, upon offenders who pose the greatest likelihood of2569
committing future crimes, upon certain major drug offenders under2570
division (D)(3) of this section, and upon certain repeat violent2571
offenders in accordance with division (D)(2) of this section.2572

       (D)(1)(a) Except as provided in division (D)(1)(e) of this2573
section, if an offender who is convicted of or pleads guilty to a2574
felony also is convicted of or pleads guilty to a specification of2575
the type described in section 2941.141, 2941.144, or 2941.145 of2576
the Revised Code, the court shall impose on the offender one of2577
the following prison terms:2578

       (i) A prison term of six years if the specification is of the2579
type described in section 2941.144 of the Revised Code that2580
charges the offender with having a firearm that is an automatic2581
firearm or that was equipped with a firearm muffler or silencer on2582
or about the offender's person or under the offender's control2583
while committing the felony;2584

       (ii) A prison term of three years if the specification is of2585
the type described in section 2941.145 of the Revised Code that2586
charges the offender with having a firearm on or about the2587
offender's person or under the offender's control while committing2588
the offense and displaying the firearm, brandishing the firearm,2589
indicating that the offender possessed the firearm, or using it to2590
facilitate the offense;2591

       (iii) A prison term of one year if the specification is of2592
the type described in section 2941.141 of the Revised Code that2593
charges the offender with having a firearm on or about the2594
offender's person or under the offender's control while committing2595
the felony.2596

       (b) If a court imposes a prison term on an offender under2597
division (D)(1)(a) of this section, the prison term shall not be2598
reduced pursuant to section 2929.20, section 2967.193, or any2599
other provision of Chapter 2967. or Chapter 5120. of the Revised2600
Code. A court shall not impose more than one prison term on an2601
offender under division (D)(1)(a) of this section for felonies2602
committed as part of the same act or transaction.2603

       (c) Except as provided in division (D)(1)(e) of this section, 2604
if an offender who is convicted of or pleads guilty to a violation 2605
of section 2923.161 of the Revised Code or to a felony that 2606
includes, as an essential element, purposely or knowingly causing 2607
or attempting to cause the death of or physical harm to another,2608
also is convicted of or pleads guilty to a specification of the2609
type described in section 2941.146 of the Revised Code that2610
charges the offender with committing the offense by discharging a2611
firearm from a motor vehicle other than a manufactured home, the2612
court, after imposing a prison term on the offender for the2613
violation of section 2923.161 of the Revised Code or for the other2614
felony offense under division (A), (D)(2), or (D)(3) of this2615
section, shall impose an additional prison term of five years upon2616
the offender that shall not be reduced pursuant to section2617
2929.20, section 2967.193, or any other provision of Chapter 2967.2618
or Chapter 5120. of the Revised Code. A court shall not impose2619
more than one additional prison term on an offender under division2620
(D)(1)(c) of this section for felonies committed as part of the2621
same act or transaction. If a court imposes an additional prison2622
term on an offender under division (D)(1)(c) of this section2623
relative to an offense, the court also shall impose a prison term2624
under division (D)(1)(a) of this section relative to the same2625
offense, provided the criteria specified in that division for2626
imposing an additional prison term are satisfied relative to the2627
offender and the offense.2628

       (d) If an offender who is convicted of or pleads guilty to an 2629
offense of violence that is a felony also is convicted of or2630
pleads guilty to a specification of the type described in section2631
2941.1411 of the Revised Code that charges the offender with2632
wearing or carrying body armor while committing the felony offense2633
of violence, the court shall impose on the offender a prison term2634
of two years. The prison term so imposed shall not be reduced2635
pursuant to section 2929.20, section 2967.193, or any other2636
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 2637
court shall not impose more than one prison term on an offender2638
under division (D)(1)(d) of this section for felonies committed as2639
part of the same act or transaction. If a court imposes an2640
additional prison term under division (D)(1)(a) or (c) of this2641
section, the court is not precluded from imposing an additional2642
prison term under division (D)(1)(d) of this section.2643

       (e) The court shall not impose any of the prison terms2644
described in division (D)(1)(a) of this section or any of the2645
additional prison terms described in division (D)(1)(c) of this2646
section upon an offender for a violation of section 2923.12 or2647
2923.123 of the Revised Code. The court shall not impose any of2648
the prison terms described in division (D)(1)(a) of this section2649
or any of the additional prison terms described in division2650
(D)(1)(c) of this section upon an offender for a violation of2651
section 2923.13 of the Revised Code unless all of the following2652
apply:2653

       (i) The offender previously has been convicted of aggravated2654
murder, murder, or any felony of the first or second degree.2655

       (ii) Less than five years have passed since the offender was2656
released from prison or post-release control, whichever is later,2657
for the prior offense.2658

       (2)(a) If an offender who is convicted of or pleads guilty to 2659
a felony also is convicted of or pleads guilty to a specification 2660
of the type described in section 2941.149 of the Revised Code that 2661
the offender is a repeat violent offender, the court shall impose 2662
a prison term from the range of terms authorized for the offense2663
under division (A) of this section that may be the longest term in 2664
the range and that shall not be reduced pursuant to section 2665
2929.20, section 2967.193, or any other provision of Chapter 2967. 2666
or Chapter 5120. of the Revised Code. If the court finds that the2667
repeat violent offender, in committing the offense, caused any2668
physical harm that carried a substantial risk of death to a person 2669
or that involved substantial permanent incapacity or substantial 2670
permanent disfigurement of a person, the court shall impose the 2671
longest prison term from the range of terms authorized for the2672
offense under division (A) of this section.2673

       (b) If the court imposing a prison term on a repeat violent2674
offender imposes the longest prison term from the range of terms2675
authorized for the offense under division (A) of this section, the2676
court may impose on the offender an additional definite prison2677
term of one, two, three, four, five, six, seven, eight, nine, or2678
ten years if the court finds that both of the following apply with2679
respect to the prison terms imposed on the offender pursuant to2680
division (D)(2)(a) of this section and, if applicable, divisions2681
(D)(1) and (3) of this section:2682

       (i) The terms so imposed are inadequate to punish the2683
offender and protect the public from future crime, because the2684
applicable factors under section 2929.12 of the Revised Code2685
indicating a greater likelihood of recidivism outweigh the2686
applicable factors under that section indicating a lesser2687
likelihood of recidivism.2688

       (ii) The terms so imposed are demeaning to the seriousness of 2689
the offense, because one or more of the factors under section2690
2929.12 of the Revised Code indicating that the offender's conduct2691
is more serious than conduct normally constituting the offense are2692
present, and they outweigh the applicable factors under that2693
section indicating that the offender's conduct is less serious2694
than conduct normally constituting the offense.2695

       (3)(a) Except when an offender commits a violation of section 2696
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 2697
the violation is life imprisonment or commits a violation of 2698
section 2903.02 of the Revised Code, if the offender commits a 2699
violation of section 2925.03 or 2925.11 of the Revised Code and 2700
that section classifies the offender as a major drug offender and 2701
requires the imposition of a ten-year prison term on the offender, 2702
if the offender commits a felony violation of section 2925.02,2703
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 2704
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 2705
division (C) of section 4729.51, or division (J) of section 2706
4729.54 of the Revised Code that includes the sale, offer to sell,2707
or possession of a schedule I or II controlled substance, with the 2708
exception of marihuana, and the court imposing sentence upon the 2709
offender finds that the offender is guilty of a specification of 2710
the type described in section 2941.1410 of the Revised Code 2711
charging that the offender is a major drug offender, if the court 2712
imposing sentence upon an offender for a felony finds that the 2713
offender is guilty of corrupt activity with the most serious 2714
offense in the pattern of corrupt activity being a felony of the 2715
first degree, or if the offender is guilty of an attempted2716
violation of section 2907.02 of the Revised Code and, had the2717
offender completed the violation of section 2907.02 of the Revised2718
Code that was attempted, the offender would have been subject to a2719
sentence of life imprisonment or life imprisonment without parole2720
for the violation of section 2907.02 of the Revised Code, the2721
court shall impose upon the offender for the felony violation a2722
ten-year prison term that cannot be reduced pursuant to section2723
2929.20 or Chapter 2967. or 5120. of the Revised Code.2724

       (b) The court imposing a prison term on an offender under2725
division (D)(3)(a) of this section may impose an additional prison2726
term of one, two, three, four, five, six, seven, eight, nine, or2727
ten years, if the court, with respect to the term imposed under2728
division (D)(3)(a) of this section and, if applicable, divisions2729
(D)(1) and (2) of this section, makes both of the findings set2730
forth in divisions (D)(2)(b)(i) and (ii) of this section.2731

       (4) If the offender is being sentenced for a third or fourth2732
degree felony OVI offense under division (G)(2) of section 2929.132733
of the Revised Code, the sentencing court shall impose upon the2734
offender a mandatory prison term in accordance with that division.2735
In addition to the mandatory prison term, if the offender is being2736
sentenced for a fourth degree felony OVI offense, the court,2737
notwithstanding division (A)(4) of this section, may sentence the2738
offender to a definite prison term of not less than six months and2739
not more than thirty months, and if the offender is being2740
sentenced for a third degree felony OVI offense, the sentencing2741
court may sentence the offender to an additional prison term of2742
any duration specified in division (A)(3) of this section. In2743
either case, the additional prison term imposed shall be reduced2744
by the sixty or one hundred twenty days imposed upon the offender2745
as the mandatory prison term. The total of the additional prison2746
term imposed under division (D)(4) of this section plus the sixty2747
or one hundred twenty days imposed as the mandatory prison term2748
shall equal a definite term in the range of six months to thirty2749
months for a fourth degree felony OVI offense and shall equal one2750
of the authorized prison terms specified in division (A)(3) of2751
this section for a third degree felony OVI offense. If the court2752
imposes an additional prison term under division (D)(4) of this2753
section, the offender shall serve the additional prison term after2754
the offender has served the mandatory prison term required for the2755
offense. The court shall not sentence the offender to a community2756
control sanction under section 2929.16 or 2929.17 of the Revised2757
Code.2758

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 2759
mandatory prison term is imposed upon an offender pursuant to2760
division (D)(1)(a) of this section for having a firearm on or2761
about the offender's person or under the offender's control while2762
committing a felony, if a mandatory prison term is imposed upon an2763
offender pursuant to division (D)(1)(c) of this section for2764
committing a felony specified in that division by discharging a2765
firearm from a motor vehicle, or if both types of mandatory prison2766
terms are imposed, the offender shall serve any mandatory prison2767
term imposed under either division consecutively to any other2768
mandatory prison term imposed under either division or under2769
division (D)(1)(d) of this section, consecutively to and prior to2770
any prison term imposed for the underlying felony pursuant to2771
division (A), (D)(2), or (D)(3) of this section or any other2772
section of the Revised Code, and consecutively to any other prison2773
term or mandatory prison term previously or subsequently imposed2774
upon the offender.2775

       (b) If a mandatory prison term is imposed upon an offender2776
pursuant to division (D)(1)(d) of this section for wearing or2777
carrying body armor while committing an offense of violence that2778
is a felony, the offender shall serve the mandatory term so2779
imposed consecutively to any other mandatory prison term imposed2780
under that division or under division (D)(1)(a) or (c) of this2781
section, consecutively to and prior to any prison term imposed for2782
the underlying felony under division (A), (D)(2), or (D)(3) of2783
this section or any other section of the Revised Code, and2784
consecutively to any other prison term or mandatory prison term2785
previously or subsequently imposed upon the offender.2786

       (2) If an offender who is an inmate in a jail, prison, or2787
other residential detention facility violates section 2917.02,2788
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender2789
who is under detention at a detention facility commits a felony2790
violation of section 2923.131 of the Revised Code, or if an2791
offender who is an inmate in a jail, prison, or other residential2792
detention facility or is under detention at a detention facility2793
commits another felony while the offender is an escapee in2794
violation of section 2921.34 of the Revised Code, any prison term2795
imposed upon the offender for one of those violations shall be2796
served by the offender consecutively to the prison term or term of2797
imprisonment the offender was serving when the offender committed2798
that offense and to any other prison term previously or2799
subsequently imposed upon the offender.2800

       (3) If a prison term is imposed for a violation of division2801
(B) of section 2911.01 of the Revised Code, a violation of 2802
division (A) of section 2913.02 of the Revised Code in which the 2803
stolen property is a firearm or dangerous ordnance, or if a prison 2804
term is imposed for a felony violation of division (B) of section 2805
2921.331 of the Revised Code, the offender shall serve that prison 2806
term consecutively to any other prison term or mandatory prison 2807
term previously or subsequently imposed upon the offender.2808

       (4) If multiple prison terms are imposed on an offender for2809
convictions of multiple offenses, the court may require the2810
offender to serve the prison terms consecutively if the court2811
finds that the consecutive service is necessary to protect the2812
public from future crime or to punish the offender and that2813
consecutive sentences are not disproportionate to the seriousness2814
of the offender's conduct and to the danger the offender poses to2815
the public, and if the court also finds any of the following:2816

       (a) The offender committed one or more of the multiple2817
offenses while the offender was awaiting trial or sentencing, was2818
under a sanction imposed pursuant to section 2929.16, 2929.17, or2819
2929.18 of the Revised Code, or was under post-release control for2820
a prior offense.2821

       (b) At least two of the multiple offenses were committed as2822
part of one or more courses of conduct, and the harm caused by two2823
or more of the multiple offenses so committed was so great or2824
unusual that no single prison term for any of the offenses2825
committed as part of any of the courses of conduct adequately2826
reflects the seriousness of the offender's conduct.2827

       (c) The offender's history of criminal conduct demonstrates2828
that consecutive sentences are necessary to protect the public2829
from future crime by the offender.2830

       (5) When consecutive prison terms are imposed pursuant to2831
division (E)(1), (2), (3), or (4) of this section, the term to be2832
served is the aggregate of all of the terms so imposed.2833

       (F) If a court imposes a prison term of a type described in2834
division (B) of section 2967.28 of the Revised Code, it shall2835
include in the sentence a requirement that the offender be subject2836
to a period of post-release control after the offender's release2837
from imprisonment, in accordance with that division. If a court2838
imposes a prison term of a type described in division (C) of that2839
section, it shall include in the sentence a requirement that the2840
offender be subject to a period of post-release control after the2841
offender's release from imprisonment, in accordance with that2842
division, if the parole board determines that a period of2843
post-release control is necessary.2844

       (G) If a person is convicted of or pleads guilty to a2845
sexually violent offense and also is convicted of or pleads guilty2846
to a sexually violent predator specification that was included in2847
the indictment, count in the indictment, or information charging2848
that offense, the court shall impose sentence upon the offender in2849
accordance with section 2971.03 of the Revised Code, and Chapter2850
2971. of the Revised Code applies regarding the prison term or2851
term of life imprisonment without parole imposed upon the offender2852
and the service of that term of imprisonment.2853

       (H) If a person who has been convicted of or pleaded guilty2854
to a felony is sentenced to a prison term or term of imprisonment2855
under this section, sections 2929.02 to 2929.06 of the Revised2856
Code, section 2971.03 of the Revised Code, or any other provision2857
of law, section 5120.163 of the Revised Code applies regarding the2858
person while the person is confined in a state correctional2859
institution.2860

       (I) If an offender who is convicted of or pleads guilty to a2861
felony that is an offense of violence also is convicted of or2862
pleads guilty to a specification of the type described in section2863
2941.142 of the Revised Code that charges the offender with having2864
committed the felony while participating in a criminal gang, the2865
court shall impose upon the offender an additional prison term of2866
one, two, or three years.2867

       (J) If an offender who is convicted of or pleads guilty to2868
aggravated murder, murder, or a felony of the first, second, or2869
third degree that is an offense of violence also is convicted of2870
or pleads guilty to a specification of the type described in2871
section 2941.143 of the Revised Code that charges the offender2872
with having committed the offense in a school safety zone or2873
towards a person in a school safety zone, the court shall impose2874
upon the offender an additional prison term of two years. The2875
offender shall serve the additional two years consecutively to and2876
prior to the prison term imposed for the underlying offense.2877

       (K) At the time of sentencing, the court may recommend the2878
offender for placement in a program of shock incarceration under2879
section 5120.031 of the Revised Code or for placement in an2880
intensive program prison under section 5120.032 of the Revised2881
Code, disapprove placement of the offender in a program of shock2882
incarceration or an intensive program prison of that nature, or2883
make no recommendation on placement of the offender. In no case2884
shall the department of rehabilitation and correction place the2885
offender in a program or prison of that nature unless the2886
department determines as specified in section 5120.031 or 5120.0322887
of the Revised Code, whichever is applicable, that the offender is2888
eligible for the placement.2889

       If the court disapproves placement of the offender in a2890
program or prison of that nature, the department of rehabilitation2891
and correction shall not place the offender in any program of2892
shock incarceration or intensive program prison.2893

       If the court recommends placement of the offender in a2894
program of shock incarceration or in an intensive program prison, 2895
and if the offender is subsequently placed in the recommended2896
program or prison, the department shall notify the court of the2897
placement and shall include with the notice a brief description of2898
the placement.2899

       If the court recommends placement of the offender in a2900
program of shock incarceration or in an intensive program prison2901
and the department does not subsequently place the offender in the2902
recommended program or prison, the department shall send a notice2903
to the court indicating why the offender was not placed in the2904
recommended program or prison.2905

       If the court does not make a recommendation under this2906
division with respect to an offender and if the department2907
determines as specified in section 5120.031 or 5120.032 of the2908
Revised Code, whichever is applicable, that the offender is2909
eligible for placement in a program or prison of that nature, the2910
department shall screen the offender and determine if there is an2911
available program of shock incarceration or an intensive program2912
prison for which the offender is suited. If there is an available2913
program of shock incarceration or an intensive program prison for2914
which the offender is suited, the department shall notify the2915
court of the proposed placement of the offender as specified in2916
section 5120.031 or 5120.032 of the Revised Code and shall include2917
with the notice a brief description of the placement. The court2918
shall have ten days from receipt of the notice to disapprove the2919
placement.2920

       Section 4. That all existing versions of sections 2923.122 2921
and 2929.14 of the Revised Code are hereby repealed.2922

       Section 5. Sections 3 and 4 of this act shall take effect on2923
January 1, 2004.2924

       Section 6.  In amending sections 1547.69, 2911.21, 2921.13, 2925
2923.12, 2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and 2926
4749.10 of the Revised Code and in enacting sections 109.731, 2927
311.41, 311.42, and 2923.124 to 2923.1212 of the Revised Code in 2928
this act, the General Assembly hereby declares its intent to 2929
recognize both of the following:2930

       (A) The inalienable and fundamental right of an individual to2931
defend the individual's person and the members of the individual's 2932
family;2933

       (B) The fact that the right described in division (A) of this2934
section predates the adoption of the United States Constitution,2935
the adoption of the Ohio Constitution, and the enactment of all2936
statutory laws by the General Assembly and may not be infringed by 2937
any enactment of the General Assembly.2938


       Section 7.  In enacting sections 109.731, 311.41, 311.42, and2940
2923.124 to 2923.1212 of the Revised Code in this act and in2941
amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2942
2923.123, 2923.13, 2923.16, 2953.32, and 4749.10 of the Revised 2943
Code in this act relative to licenses to carry a concealed 2944
handgun, the General Assembly hereby declares that it is not its 2945
intent to declare or otherwise give the impression that, prior to 2946
the effective date of this act, an individual did not have an 2947
inalienable and fundamental right, or a right under the Ohio 2948
Constitution or the United States Constitution, to carry a 2949
concealed handgun or other firearm for the defense of the 2950
individual's person or a member of the individual's family while 2951
engaged in lawful activity. Further, the General Assembly declares 2952
that it is not its intent to invalidate any prior convictions for 2953
violating any section of the Revised Code or a municipal ordinance 2954
prior to the effective date of this act or to prevent the 2955
prosecution of any violation committed prior to the effective date 2956
of this act. 2957

       Section 8.  Within thirty days after the effective date of2958
this act, the Ohio Peace Officer Training Commission shall submit 2959
the rules required under section 109.731 of the Revised Code to 2960
the Joint Committee on Agency Rule Review. Within thirty days 2961
after those rules take effect, the Commission shall prepare and 2962
make available to the sheriffs of this state the application and2963
license forms described in division (A) of section 109.731 of the2964
Revised Code and the Ohio firearms laws pamphlet described in 2965
division (B) of that section and shall prescribe the license fee 2966
described in division (C) of that section. The Commission shall2967
submit its first annual statistical report described in division2968
(D) of that section not later than fifteen months after the2969
effective date of this act.2970

       Section 9. It is the intent of the General Assembly in2971
amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2972
2923.123, 2923.16, 2953.32, and 4749.10 and enacting sections 2973
109.731, 311.41, 311.42, and 2923.124 to 2923.1212 of the Revised 2974
Code to enact laws of a general nature. No municipal corporation 2975
may adopt or continue in existence any ordinance, and no township 2976
may adopt or continue in existence, any resolution that is in 2977
conflict with those sections.2978

       Section 10. If any provision of sections 1547.69, 2911.21, 2979
2913.02, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14, 2980
2953.32, and 4749.10 of the Revised Code, as amended by this act, 2981
any provision of sections 109.731, 311.41, 311.42, 2923.124, 2982
2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2983
2923.1211, and 2923.1212 of the Revised Code, as enacted by this 2984
act, or the application of any provision of those sections to any 2985
person or circumstance is held invalid, the invalidity does not 2986
affect other provisions or applications of the particular section 2987
or related sections that can be given effect without the invalid 2988
provision or application, and to this end the provisions of the 2989
particular section are severable.2990

       Section 11. (A) Section 2929.14 of the Revised Code,2991
effective until January 1, 2004, is presented in Section 1 of this2992
act as a composite of the section as amended by both Am. Sub. H.B. 2993
327 and Sub. H.B. 485 of the 124th General Assembly. The General 2994
Assembly, applying the principle stated in division (B) of section 2995
1.52 of the Revised Code that amendments are to be harmonized if 2996
reasonably capable of simultaneous operation, finds that the 2997
composite is the resulting version of the section in effect prior 2998
to the effective date of the section as presented in Section 1 of 2999
this act.3000

       (B) Section 2929.14 of the Revised Code, effective on January 3001
1, 2004, is presented in Section 3 of this act as a composite of3002
the section as amended by Am. Sub. H.B. 327, Sub. H.B. 485, and 3003
Am. Sub. S.B. 123 of the 124th General Assembly. The General3004
Assembly, applying the principle stated in division (B) of section3005
1.52 of the Revised Code that amendments are to be harmonized if3006
reasonably capable of simultaneous operation, finds that the3007
composite is the resulting version of the section in effect prior3008
to the effective date of the section as presented in Section 3 of 3009
this act.3010